Patna High Court
Mantosh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a cash bond, two sureties, verification of the child's residence, and compliance with Sections 482 BNSS and 438(2) CrPC.
Summary
Mantosh Rai, husband of a woman who was allegedly killed for dowry, sought relief from imminent arrest in a case filed under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita. He informed the court that the couple had four children, who were residing with his family, and that the deceased had committed suicide. The court, after hearing counsel, allowed the bail application, directing that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount. The bail is conditioned on verification that the child is indeed staying with the petitioner’s family and is subject to the provisions of Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order also empowers the lower court to reject the bail if the child is not found residing with the petitioner.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry death under Sections 80(2), 238 and 3(5) of the BNSS.
- Whether the welfare of the children of the deceased warrants the grant of bail.
- Whether the court can impose verification of the child's residence as a condition for bail under Section 482 BNSS and Section 438(2) CrPC.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 482, 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- dowry death
- child welfare
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 482
- Section 438
- preventive jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91074 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
Mantosh Rai S/o Raivir Rai Resident of Village- Shivnagar Vishram Tola,
P.S.- Jurawanpur and District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Singh, Advocate
For the State : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Jurawanpur P.S. Case No. 99 of 2025 instituted under
Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is the husband of the deceased. The
accused persons have killed the deceased for demand of dowry.
4. Learned counsel for the petitioner submits that the
couple have four children and the deceased has committed
suicide. He further submits that the children are staying with
the family of the petitioner.
5. In view of the above, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
Patna High Court CR. MISC. No.91074 of 2025(2) dt.28-01-2026
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petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM-XIV,
Vaishali at Hajipur/ concerned Court in connection with
Jurawanpur P.S. Case No. 99 of 2025, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
7. At the time of accepting the bail bonds of the
petitioner, the Court below will verify the fact that the child is
actually residing with the family of the petitioner or not. If the
child is found staying with the family of the petitioner, the bail
bonds shall be accepted and if not appropriate order shall be
passed by the Court below.
(Sandeep Kumar, J)
P. Kumar
U T
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