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2025 Supreme(Online)(Pat) 3728

PATNA HIGH COURT
Prabhat Kumar Singh, J
Bhushan Rai – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.85629 of 2025 | PS. Case No.-11 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Surya Narayan Roy
For the Respondents: Mr. Pranav Kumar

Bail granted based on the general nature of charges and clean antecedents despite serious allegations.

Headnote:The petitioner seeks bail concerning a dowry death case, cited under sections 103, 80 and 3(5) of the B.N.S.. The prosecution alleges the petitioner contributed to the victim’s death due to dowry demands, supported by ambiguous accusations and a lack of eyewitness testimony. The Court found the accusations against the petitioner to be general, considered his clean antecedents, and granted bail based on the totality of facts presented in paragraph 6. The Court ruled that bail is permitted upon fulfilling specified conditions as mentioned in the concluding section.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 , 80 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 Vikash Kumar as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons, including this petitioner, committed torture and harassment with the victim due to non-fulfillment of demand of dowry and subsequently, all the accused persons committed murder of the victim.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that informant is not an eye witness to the occurrence. Petitioner has falsely been implicated in this case merely because he happens to be father- in-law of the deceased. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased and her husband. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Thrust of accusation is against husband of deceased who is already in custody. As a matter of fact, the deceased, who was mother of three children, committed suicide. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since

14.05.2025.

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

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

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Dalsingsarai, District- Samastipur in connection with Dalsingsarai P.S. Case No. 11 of 2025.

(Prabhat Kumar Singh, J)

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