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Patna High Court

Bhikhari TantiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application is rejected.

Summary

The petitioners, Bhikhari Tanti and his wife Kajal Devi, filed an anticipatory bail application under Section 80(2) of the BNS after being named in FIR No. 224 of 2025 for a dowry‑related death. The informant alleged that the deceased was tortured for dowry and later died, with the post‑mortem report indicating asphyxia due to strangulation. The petitioners contended that they are merely parents‑in‑law and have no role in the alleged crime. The State, through the APP, relied on the post‑mortem findings and the seriousness of the allegations to oppose bail. The Court held that given the gravity of the accusations and the forensic evidence, the anticipatory bail could not be granted, but directed that the petitioners may surrender within four weeks for a prompt disposal of the matter.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 80(2) of the BNS in view of the dowry‑death allegations and post‑mortem findings.

Legislation cited

  • BNS — s. 80(2)

Subjects

  • anticipatory bail
  • dowry death
  • section 80(2)
  • BNS
  • post‑mortem
  • asphyxia
  • strangulation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90587 of 2025
                      Arising Out of PS. Case No.-224 Year-2025 Thana- LAXMIPUR District- Jamui
                 ======================================================
           1.     Bhikhari Tanti S/o Rameshwar Tanti R/o Village - Gotajor, P.S - Laxmipur,
                  District - Jamui
           2.    Kajal Devi W/o Bhikhari Tanti R/o Village - Gotajor, P.S - Laxmipur,
                 District - Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamal Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 For the informant        :       Ms. Kahkashan Alam, Adv.
                                                  Ms. Akanksha Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Laxmipur P.S. Case No. 224 of 2025 for the offence

                   registered under sections 80(2) of BNS lodged on 19.08.2025 by

                   the informant Chandradev Tanti.

                                3. As per the prosecution story,the informant alleged

                   that the marriage took place one and half years ago but the lady

                   was always tortured for dowry. Several rounds of Panchayat

                   took place but ultimately, information came about her death.

                   This led to the FIR.

                                4. Learned Counsel for the petitioners submit that
           Patna High Court CR. MISC. No.90587 of 2025(2) dt.15-01-2026
                                                       2/2




                     both are parents-in-law, husband is in jail, have no role to play.

                                  5. Learned APP for the State as also learned counsel

                     for the informant, on the other hand have taken this Court to the

                     learned Sessions Judge order to show that the cause of death in

                     post-mortem report has been recorded as asphyxia due to

                     strangulation.

                                  6. Considering the allegation that has come, in FIR,

                     they are named, a young lady left this world, in that background,

                     it would be appropriate that the petitioner seek bail.

                                  7. The anticipatory bail application stands rejected.

                                  8. However, if the petitioner surrenders within four

                     weeks from today, the Court concerned shall take up the matter

                     and dispose it of preferably on the same day.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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