Patna High Court
Babloo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioners, being only relatives with clean antecedents, are not directly implicated in the dowry demand and therefore granted them bail.
Summary
Babloo Kumar and Nitam Kumari, brother‑in‑law and sister‑in‑law of a deceased woman, were named in an FIR for a dowry‑death under Sections 80(2), 238(a) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The FIR alleged that the death resulted from the non‑payment of a Rs 50,000 dowry demand made on the husband, Sunny Kumar. The petitioners contended that they had no involvement in the dowry demand, were merely relatives, lived separately, and possessed clean antecedents. The State opposed their bail, while the petitioners relied on an earlier anticipatory bail granted to the mother‑in‑law. The Court, after examining the facts, held that the petitioners were only relatives and, given their clean record, were entitled to bail, directing them to furnish a bond of Rs 10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are liable for the dowry‑death offences under the Bhartiya Nyay Sanhita.
- Whether anticipatory bail should be granted to the petitioners.
- Whether the petitioners' relationship to the deceased and their clean antecedent justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 238(a), 3(5), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- dowry death
- anticipatory bail
- criminal procedure
- Bhartiya Nyay Sanhita
- relative liability
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8888 of 2026
Arising Out of PS. Case No.-254 Year-2024 Thana- HULASGANJ District- Jehanabad
======================================================
1. Babloo Kumar S/o- Anil Yadav R/v- Rup Bigha Ps- Hulasganj Dist-
Jehanabad.
2. Nitam Kumari W/o- Babloo Kumar R/v- Rup Bigha Ps- Hulasganj Dist-
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite
Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Hulashganj P.S. Case
No. 254 of 2024 registered for the offences punishable under
Sections 80(2), 238(a) & 3(5) of the Bhartiya Nyay Sanhita, 2023
(in short, the ‘B.N.S.’).
3. As per FIR, petitioners alongwith other co-accused
persons/family members caused death of daughter of the
informant due to non-fulfillment of demand of dowry as raised for
a cash of Rs. 50,000/- which was demanded by the husband of the
deceased namely, Sunny Kumar.
4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.8888 of 2026(2) dt.13-02-2026
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submitted that both petitioners are brother-in-law and sister-in-law
of the deceased and they implicated only being relative of main co-
accused, namely Sunny Kumar. It is submitted that admittedly
both petitioners are living separately, having otherwise no
connection with daily and domestic affairs of deceased and her
husband. It is submitted that even out of perusal of FIR, it can be
gathered safely that the dowry demand is specifically available
against co-accused Sunny Kumar, who is the husband of the
deceased and, moreover, both petitioners are of clean antecedent,
where petitioner no. 2 is a lady.
5. Arguing further, it is submitted that mother-in-law of
the deceased, namely, Sanju Devi has already granted anticipatory
bail by this Court through Cr. Misc. No. 32842 of 2025 dated
13.01.2026.
6. Learned A.P.P. for the State opposed the prayer of bail.
7. In view of the aforesaid factual submissions and by
taking note of the fact as the demand of dowry is specific against
the husband of the deceased daughter of the informant, namely
Sunny Kumar, where implication of these petitioners, prima-facie
appears being relative as mentioned aforesaid, accordingly, both
above-named petitioners, who are of clean antecedents, in the
event of their arrest/surrender within a period of four weeks from
Patna High Court CR. MISC. No.8888 of 2026(2) dt.13-02-2026
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this order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad/concerned court in connection with
Hulashganj P.S. Case No. 254 of 2024, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
veena/-
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