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Patna High Court

Sunil PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

Sunil Pandit and his wife Rambha Devi, the father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑death case registered under Sections 80 and 61(2) of the B.N.S. The prosecution alleged that the petitioners, along with other accused, tortured the victim for dowry and were involved in her murder, while the petitioners contended they had no involvement, were falsely implicated, and the deceased had actually committed suicide. Their counsel argued that the allegations were general, omnibus, and lacked specific overt acts against them, and highlighted their clean antecedents. The State opposed the bail. The Court, noting the general nature of the accusation and the petitioners' clean record, allowed the anticipatory bail, directing them to furnish a bail bond of Rs.10,000 with two sureties and subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite the serious nature of the dowry‑death allegations
  • Whether the allegations against the petitioners are sufficiently specific to deny bail
  • Whether the petitioners' clean antecedents justify the grant of anticipatory bail

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • Section 80
  • Section 61(2)
  • Section 482(2)
  • clean antecedents
  • general and omnibus accusation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86074 of 2025
                         Arising Out of PS. Case No.-68 Year-2025 Thana- Akbarpur District- Purnia
                 ======================================================
           1.     Sunil Pandit Son of Late Narayan Pandit Resident of Village - Parwatta
                  Ward no. 14, Police Station - Akbarpur, District - Purnea.
           2.    Rambha Devi Wife of Sunil Pandit Resident of Village - Parwatta Ward no.
                 14, Police Station - Akbarpur, District - Purnea.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :         Mr. Ajit Kumar Singh, Advocate
                 For the State            :         Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 80 and

                   61(2) of the B.N.S..

                                3. It is a case of dowry death. As per prosecution case,

                   informant alleged that marriage of his daughter was solemnized

                   with co-accused Deepak Kumar on 11.03.2024 as per Hindu

                   rites and rituals and thereafter, all the F.I.R. named accused

                   persons, including these petitioners, committed torture and

                   harassment with the victim due to non-fulfillment of demand of

                   dowry and subsequently, all the accused persons committed
Patna High Court CR. MISC. No.86074 of 2025(2) dt.07-01-2026
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          murder of the victim.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners have falsely been

          implicated in this case merely because they happen to be father-

          in-law and mother-in-law of the deceased. Petitioners are

          separate in mess and property and have got no concern with the

          affairs of the deceased and her husband. Informant is not an eye

          witness of the alleged occurrence. Allegation of demand of

          dowry is general and omnibus and no specific accusation of

          overt act has been alleged against these petitioners. As a matter

          of fact, the deceased herself committed suicide. Thrust of

          accusation is against husband of deceased who is already in

          custody. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within
             Patna High Court CR. MISC. No.86074 of 2025(2) dt.07-01-2026
                                                         3/3




                       a period of eight weeks from today, let the above named

                       petitioners be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) each with two sureties of the like

                       amount each to the satisfaction of learned Chief Judicial

                       Magistrate, Purnea in connection with Akbarpur P.S. Case No.

                       68 of 2025, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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