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2025 Supreme(Online)(Pat) 3664

PATNA HIGH COURT
Prabhat Kumar Singh, J
Suresh Malik – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.67902 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Raj Shekhar
For the Respondents: Mr. Mohammed Arif

Anticipatory bail granted due to lack of specific allegations and the clean antecedents of the petitioners.

Headnote:This judgment analyzes the provisions under Sections 103(1) and 3(5) of the B.N.S. concerning anticipatory bail in a dowry death case. The facts indicate that the petitioners, relatives of the deceased, were implicated without specific evidence of wrongdoing relating to an alleged dowry demand. The court found the accusations against the petitioners to be general and lacking corroboration, resulting in a favorable determination regarding anticipatory bail. The issues centered around the legitimacy of the accusations and the petitioners' innocence amidst the general allegations. The ratio decidendi highlighted the impermissibility of general charges, allowing for the granting of bail based on the petitioners' clean antecedents and lack of evidence. The final outcome was that the petitioners were granted anticipatory bail upon meeting specified conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 02-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1) and

3(5) of the B.N.S. .

3. It is a case of dowry death. As per prosecution case, informant alleged that marriage of his daughter was solemnized with co-accused Ravi Malik about 7 years ago as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons, including these petitioners, committed torture and harassment with the victim due to non-fulfillment of additional demand of dowry and subsequently, all the accused persons committed murder of the victim.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be father-in-law and Petitioner No. 2 happens to be mother- in-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. As a matter of fact, the deceased committed suicide. Thrust of accusation is against husband of deceased who is already in custody since

18.04.2025. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 J.M.F.C., Patna City, Patna in connection with Khusarupur P.S. Case No. 126 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S. S..

(Prabhat Kumar Singh, J)

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