Patna High Court
Rajpati deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to a bail bond and surety conditions.
Summary
The petitioners, who are the mother-in-law, father-in-law and brother-in-law of a deceased woman, applied for pre‑arrest bail in a murder case alleged to arise from a dowry demand. They contended they were innocent, had clean antecedents, and were separated from the deceased soon after her marriage, supported by independent witness statements. The State opposed the bail, arguing the seriousness of the offences under Sections 80 and 3(5) of the BNS. The Court, after reviewing the FIR and the submissions, found no evidence of a recent dowry demand or cruelty and noted the petitioners' clean record. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS, and directed verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Sections 80 and 3(5) of the BNS in a murder case alleged to involve dowry demand.
- Whether the petitioners' clean antecedent and lack of evidence of a recent dowry demand justify granting bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS are applicable.
Legislation cited
- Bihar Negotiable Substances Act — s. 3(5), 80
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- dowry death
- murder
- clean antecedent
- Criminal Procedure Code
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9235 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Rajpati Devi W/o Basdeo Mahato R/o Village Madhurapur, PS – Pipra,
District - East Champaran
2. Basdeo Mahato Late Sukdeo Mahato Village Madhurapur, PS – Pipra,
District - East Champaran
3. Gopi Mahato, Son of Basdeo Mahato Village Madhurapur, PS – Pipra,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar No.III, Advocate.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 01-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Pipra P.S. Case No. 422 of 2025 registered for the offence
punishable under Sections 80 and 3(5) of the BNS.
3. Allegation is of commission of murder due to non-
fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners who are mother-in-law,
father-in-law and brother-in-law of the deceased are innocent
and have not committed any offence as alleged. They have
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separated from their son Mithu Kumar soon after his marriage
with the deceased and the said information is supported by the
statement of the independent witnesses in course of
investigation. The record also don’t reveal, as to whether, just
before alleged commission of murder, there was any demand of
dowry and allegation of cruelty against the deceased. The
petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., the petitioners who are mother-in-law, father-in-law
and brother-in-law of the deceased having clean antecedent, are
directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of learned SDJM, Sadar, East Champaran at
Motihari in connection with Pipra P.S. Case No. 422 of 2025,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
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antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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