Patna High Court
Dhananjay PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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
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