Patna High Court
Bhikhari TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
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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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