Patna High Court
Raj Kumar RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioners, father‑in‑law, mother‑in‑law and sister‑in‑law of a deceased woman, sought anticipatory bail after being implicated in a murder case (PS Rajauli Case No. 438 of 2025) under Sections 80(2) and 3(5) of the B.N.S., 2023 for alleged dowry‑related killing. The prosecution alleged they were involved in the murder, but the petitioners argued that the allegations were vague, general and omnibus, with no specific evidence linking them to the crime. The post‑mortem indicated death by hanging, and the petitioners claimed they merely informed the informant’s family and had clean antecedents. The State opposed bail, fearing possible tampering of evidence. Considering the lack of specific incriminating material, the Court exercised its power under Section 482(2) of the B.N.S.S. and granted anticipatory bail subject to strict conditions, including a bail bond, sureties, appearance requirements, and prohibitions on witness tampering or further offences.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioners are general and lack specific evidentiary support.
- Whether the petitioners pose a risk of tampering with witnesses or evidence in the murder investigation.
- Whether Section 482(2) of the B.N.S.S. empowers the Court to grant anticipatory bail in such circumstances.
Legislation cited
Subjects
- anticipatory bail
- general allegations
- omnibus accusation
- murder
- dowry death
- Section 482
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89788 of 2025
Arising Out of PS. Case No.-438 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Raj Kumar Rajbanshi S/o- Late Jamuna Rajbanshi Vill - Jogiyamaran, P.S -
Rajauli, Dist - Nawada
2. Muniya Devi W/o- Raj Kumar Rajbanshi Vill - Jogiyamaran, P.S - Rajauli,
Dist - Nawada
3. Runi Devi @ Renu Devi W/o- Tuntun Rajbanshi Vill - Khanpur, P.S - Hisua,
Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv.
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Rajauli P.S. Case No. 438 of 2025 dated
12.08.2025 registered for the offence punishable under Sections
80(2), 3(5) of the B.N.S., 2023.
3. As per prosecution case, the accusation against the
accused persons including the petitioners is of committing
murder of the deceased for non-fulfillment of the dowry demand.
4. Learned counsel for the petitioners submits that the
petitioner no.1 and 2 are father-in-law and mother-in-law
whereas petitioner no.3 is the married Nanad of the deceased. It
Patna High Court CR. MISC. No.89788 of 2025(3) dt.23-02-2026
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is next submitted that there is nothing specific against the
petitioners rather the allegations levelled against the petitioners
are general and omnibus in nature. In the postmortem report, the
cause of death has been shown as asphyxia due to hanging.
5. It is the case of the petitioners that it is they who have
informed the Informant’s family regarding the alleged incident,
which is said to have taken place. It has next been submitted that
the petitioners have clean antecedent and they are living
separately and have got no concern with the affairs of the
deceased and her husband.
6. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
7. Having heard learned counsel for the parties and
considering the nature of allegation leveled against the
petitioners which is general and omnibus and nothing specific
has surfaced against them during investigation, this Court is
inclined to grant privilege of anticipatory bail to the petitioners.
8. Accordingly, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Nawada in connection
Patna High Court CR. MISC. No.89788 of 2025(3) dt.23-02-2026
3/3
with Rajauli P.S. Case No. 438 of 2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall who shall
provide official document / personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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