Created by Fuzzy Cloud

Patna High Court

Dhananjay PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is permissible where the accusations are vague and the principal accused is already in custody, granting bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, a father-in-law and mother-in-law, sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for the alleged murder of an informant's daughter over a dowry demand. The prosecution alleged that the petitioners participated in the killing, while the petitioners contended they had no involvement and were merely victims of over‑implication, emphasizing that the husband of the deceased was already in custody. The petitioners highlighted their clean antecedents and lack of connection to the family affairs of the deceased. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the vague and omnibus nature of the allegations and the fact that the principal accused was already detained, allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the Chief Judicial Magistrate, Bettiah, to enlarge bail if the petitioners are arrested or surrender within eight weeks.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita constitute sufficient ground to deny bail.
  • Whether the custody of the principal accused (the husband) influences the grant of anticipatory bail to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92049 of 2025
                  Arising Out of PS. Case No.-861 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Dhananjay Pandey S/O Late Gobardhan Pandey R/O Vill.- Roari, P.S.-
                  Shikarpur, Dist.- West Champaran.
           2.    Prabhawati Devi W/o Dhananjay Pandey R/O Vill.- Roari, P.S.- Shikarpur,
                 Dist.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   27-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that these petitioners,

                   along with other F.I.R. named accused persons, killed the

                   daughter of informant by strangulation due to non-fulfillment of

                   demand of dowry.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.

                   Petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law
            Patna High Court CR. MISC. No.92049 of 2025(4) dt.27-04-2026
                                                        2/2




                      of the deceased and they are simply victims of over-

                      implications. Allegation against petitioners is general and

                      omnibus. Petitioners are separate in mess and property and they

                      are not concerned with family affairs of the deceased. Moreover,

                      thrust of accusation is against husband of the deceased who is

                      already in custody. Petitioners claim clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the fact that husband of the deceased is

                      already in custody, this anticipatory bail is allowed and it is

                      ordered that let the above named petitioners in the event of their

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Bettiah, West Champaran in connection with

                      Shikarpur P. S. Case No. 861 of 2025, subject to condition as

                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.