Patna High Court
Sriram MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail may be granted to the petitioners, subject to conditions, under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, relatives of a deceased woman, feared arrest in a dowry‑death case (Tikkapatti P.S. Case No. 130 of 2023) where the deceased was allegedly killed by her husband and his family for non‑payment of dowry. The informant alleged that the husband and his relatives demanded Rs. 3,00,000 and a motorcycle, subjected the victim to cruelty, and eventually killed her by pressing her neck. The petitioners contend they are innocent, have no specific allegations against them, and were not sent for trial in the police final report, yet a Judicial Magistrate took cognizance under IPC Sections 304B and 34. They applied for anticipatory bail, which the State opposed. The High Court, after hearing both sides, granted anticipatory bail on the condition of furnishing bail bonds and sureties, subject to the powers under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious nature of the allegations under IPC Sections 304B and 120B.
- Whether the magistrate's cognizance is maintainable given the police final report showing the petitioners were not sent for trial.
- Whether the lack of specific allegations against the petitioners warrants the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 120B, 304B, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- criminal conspiracy
- Section 120B
- Section 482
- High Court
- bail conditions
- magistrate cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87132 of 2025
Arising Out of PS. Case No.-130 Year-2023 Thana- TIKAPATTI District- Purnia
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1. Sriram Mahto S/O Late Shivanand Mahto Resident of Village- Goriyar
Pashicham Tola, P.S.- Tikkapatti, District- Purnia
2. Manita Kumara @ Anita Devi W/O Sriram Mahto Resident of Village-
Goriyar Pashicham Tola, P.S.- Tikkapatti, District- Purnia
3. Punam Devi W/O Jayram Mahto Resident of Village- Goriyar Pashicham
Tola, P.S.- Tikkapatti, District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Tikkapatti P.S. Case No. 130 of 2023 registered for the
offences punishable under Sections 304(B) & 120(B) of the
Indian Penal Code.
3. The informant alleged that after the marriage of her
daughter with Hare Ram Mahto, the husband and his family
demanded Rs. 3,00,000/- and a motorcycle and subjected her to
cruelty for non-fulfilment of the demand. It is further alleged
that on 30.12.2023 the accused persons killed the informant’s
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daughter by pressing her neck.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence as
alleged against them and have falsely been implicated in the
present case. Learned counsel for the petitioners submits that
petitioner No.1 is brother-in-law, whereas petitioner Nos.2 & 3
are sisters-in-law of the deceased, respectively. There is no
specific allegation against the petitioners rather the same is
general and omnibus in nature. However, upon completion of
investigation, the police submitted Final Form wherein the
above-named petitioners were shown as not sent up for trial.
Nevertheless, by order dated 26.03.2025, the learned Judicial
Magistrate 1st Class, Purnea was pleased to take cognizance
against the petitioners for the offence punishable under Section
304(B)/34 of the Indian Penal Code.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the
petitioners.
6. Considering the rival submissions made by the
learned counsel for the parties, let the petitioners above-named,
in the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, be released on
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anticipatory bail on furnishing bail bonds of Rs.15,000/-
(Rupees Fifteen Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
Tikkapatti P.S. Case No. 130 of 2023, subject to the conditions
as laid down under Section 482(2) of the BNSS, 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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