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2026 DAILYLAW 36669 (PAT)

Dev Prasad Rai v. The State of Bihar

CR. MISC./53569/2025 · 2026-01-30

Nawneet Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53569 of 2025 Arising Out of PS. Case No.-676 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1. Dev Prasad Rai S/o Latrami Ray R/o Village- Hasanpur Osti, P.S.- Mahua, District- Vaishali 2. Chanchal Kumari D/o Rambali Rai R/o Village- Hasanpur Osti, P.S.- Mahua, District- Vaishali 3. Vivek Kumar S/o Rambali Ray R/o Village- Hasanpur Osti, P.S.- Mahua, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Soban Asghar For the State : Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 30-01-2026 Heard the learned counsel for the parties. 2. The petitioners apprehend their arrest for the offences alleged under Sections 80 and 3(5) of the BNS, registered in connection with Mahua P.S.Case No. 676 of 2024. 3. As per allegation, the petitioners along with other accused persons, on account of non-fulfillment of dowry demand of Rs. 1,00,000/-, tortured and tormented the victim and subsequently killed her by hanging. 4. The learned counsel for the petitioners has submitted that petitioner no.1 is phuphera sasoor of the deceased, whereas petitioner nos. 2 and 3 are married nanad Patna High Court CR. MISC. No.53569 of 2025(5) dt.30-01-2026 2/3 and nandosi of the deceased having no concern with day-to-day affairs of the couple. They have falsely been implicated merely because they are relatives of the husband of the deceased. As a matter of fact, the deceased committed suicide by hanging herself being corroborated by the post mortem, which shows that asphyxia due to hanging was found. 5.The learned APP for the State has opposed the prayer for bail. 6. The petitioners are the relatives of the husband of the deceased having no concern with the day-to-day affairs of the couple. 7. Taking into consideration the facts and circumstances of the case, let the petitioners, above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released 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 the learned CJM, Vaishali at Hajipur in connection with Mahua P.S.Case No. 676 of 2024, subject to the condition as laid down under Section 438(2) of the CrPC/482(2) of the BNSS with further condition that the petitioners shall cooperate in the disposal of trial and make themselves available on each and Patna High Court CR. MISC. No.53569 of 2025(5) dt.30-01-2026 3/3 every date fixed in the court below till framing of charges, and if they fail to appear on two consecutive dates unless they are prevented by extremely adverse circumstances, the court below shall be at liberty to cancel their bail bonds. HR/- (Nawneet Kumar Pandey, J) U T