Patna High Court
Ramesh Mahato @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, in the absence of specific material and given the petitioners' clean antecedents, anticipatory bail is appropriate, subject to bond and surety conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, who are relatives of a woman allegedly killed in a dowry dispute, feared arrest in a case filed under Sections 80, 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the deceased was beaten by her in‑laws and that the petitioners were somehow involved in her death. The petitioners contended that there were no specific allegations or material against them, that the husband of the deceased was already in custody, and that they posed no risk of absconding or tampering with evidence. They applied for anticipatory bail, arguing clean antecedents and willingness to cooperate. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties each, subject to Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present dowry‑death case.
- Whether the prosecution has sufficient material to justify the arrest of the petitioners.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 238, 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 238
- Section 3(5)
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87556 of 2025
Arising Out of PS. Case No.-545 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
1. Ramesh Mahato @ Ramesh Kumar Son of Jaleshwar Matho Resident of
Village - Bela Mahamadpur, P.S.. - Dariyapur District - Saran at Chapra,
Bihar.
2. Punam Devi Wife of Ramesh Mahto @ Ramesh Kumar Resident of Village -
Bela Mahamadpur, P.S.. - Dariyapur District - Saran at Chapra, Bihar.
3. Fulwa Devi @ Fulava Devi Wife of Jaleshwar Matho Resident of Village -
Bela Mahamadpur, P.S.. - Dariyapur District - Saran at Chapra, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate.
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Dariyapur P.S. Case No.545 of 2025 instituted under
Sections 80, 238 & 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the marriage of
informant’s daughter was solemnized on 18.06.2020 with one
Sanjay Mahto according to Hindu rites and rituals. It is alleged
that in-laws of the daughter of the informant use to beat and
torture due to non-fulfillment of dowry demand. It is further
alleged that petitioner no.3 on mobile phone informed to the
Patna High Court CR. MISC. No.87556 of 2025(2) dt.12-01-2026
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informant that your daughter has run away from the house.
Thereafter the informant reached at the in-laws house of his
daughter and found that all the accused persons together hanged
and killed her daughter and also disappeared her dead body.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the petitioner no.1 is elder brother-
in-law, petitioner no.2 is elder sister-in-law and petitioner no.3
is mother-in-law of the daughter of the informant who are living
separately and have no concern with the affairs of the deceased
and her husband. Learned counsel submits that there is no
specific allegation against the petitioners, rather the same are
general and omnibus in nature. He further submits that except
the suspicion, there is no material against the petitioners to
implicate them with the present offence. Learned counsel
submits that the husband of the deceased is already in judicial
custody and there is no chance of absconding of the petitioners
or tampering with the evidence. He further submits that
petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.87556 of 2025(2) dt.12-01-2026
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6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate Ist Class, Saran at Chapra in connection with
Dariyapur P.S. Case No.545 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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