Patna High Court

Wakil SahniversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond, sureties and compliance with conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.

Summary

The petitioners, the father‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail fearing arrest in a murder case (Kanti PS Case No. 215 of 2024) registered under sections 304B and 34 of the IPC. The deceased, their daughter‑in‑law, died by hanging after being taken to a hospital, and the FIR does not allege any dowry demand; instead it mentions a second marriage of the husband, who is already in custody. The State opposed the bail. The Court, after considering the lack of criminal antecedents of the petitioners, the absence of dowry demand, and the fact that the husband is already in custody, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, requiring cooperation with the investigation.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC in a case registered under IPC sections 304B and 34.
Whether the facts disclose a dowry death warranting denial of bail.
Whether the petitioners have any criminal antecedents that would preclude bail.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 304B, 34

Subjects

anticipatory bail
dowry death
IPC 304B
Section 438 CrPC
criminal procedure
bail conditions
family members

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88117 of 2025
                      Arising out of PS. Case No.-215 Year-2024 Thana- KANTI District- Muzaffarpur
                 ======================================================
           1.     Wakil Sahni S/o Late Raj Kumar Sahni R/o Village- Pakari, Police Station-
                  Kanti, Distt.- Muzaffarpur.
           2.    Shanti Devi @ Kanti Devi W/o Wakil Sahni R/o Village- Pakari, Police Sta-
                 tion- Kanti, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Milind Kumar Mishra, Advocate
                                                  Ms. Kamini Rani, Advocate
                                                  Mr. Soumya Shiromani, Advocate
                 For the Opposite Party/s:        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Kanti P.S. Case No. 215 of 2024 registered under sections

                   304(B)/34 of the Indian Penal Code.

                                 3. The case of the prosecution relates to killing of the

                   daughter of the informant by all the accused persons including

                   the present petitioners.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are the father-in-law and mother-in-law of the de-

                   ceased whereas the husband of the deceased is in custody since
    Patna High Court CR. MISC. No.88117 of 2025(2) dt.15-01-2026
                                2/3




29.08.2025 as specifically stated in paragraph 14 of the petition.

It is further submitted that the death has been caused by hanging

and the deceased was taken for treatment at Medanta Hospital

and she died during the course of treatment after five days of the

incident. It is also submitted that in the entire First Information

Report there is no allegation of any demand of dowry and refer-

ence has also been made to husband of performing second mar-

riage.

           5. The application for anticipatory bail is opposed by

learned A.P.P. for the State.

           6. Taking into consideration the facts and circum-

stances of the case and considering the allegation of performing

second marriage is against the husband who is in custody cou-

pled with the fact that all efforts were undertaken for treatment

of the deceased, let the petitioners, above named, who are the

father-in-law and the mother-in-law and have no criminal an-

tecedents, in the event of their arrest or surrender before the

learned Court below within a period of four weeks, be released

on anticipatory bail in connection with Kanti P.S. Case No. 215

of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each to the satis-

faction of the learned Additional Chief Judicial Magistrate-I,
               Patna High Court CR. MISC. No.88117 of 2025(2) dt.15-01-2026
                                           3/3




           Muzaffarpur (West), subject to the condition laid down under

           Section 438(2) of the Code of Criminal Procedure/Section

           482(2) of the B.N.S.S, 2023 and subject to the further condition

           that he shall co-operate in investigation/trial.



                                   (Soni Shrivastava, J)
Vikash/-

U      T

Continue reading with your account

Checking your session…