Mahesh Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18610 of 2026 Arising Out of PS. Case No.-134 Year-2025 Thana- ISUAPUR District- Saran ====================================================== 1.
Mahesh Raut S/O Lacho Raut R/O Village- Sadhwara, P.S-Ishuapur, District- Saran.
2.
Kushum Devi W/O Sangam Mahto, D/O Mahesh Raut R/O VillageSadhwara, P.S- Ishuapur, Distt.- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakti Suman Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State.
2. This application, for grant of anticipatory bail, arises out of Ishuapur Police Station Case No. 134 of 2025, dated 09.07.2025, registered for the offences punishable under Sections 80/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Informant Report, is that the marriage of the daughter of the informant was solemnized on 09.12.2024 with the son of the petitioner no. 1. and after sometime, her in-laws and the husband started demanding one gold chain and one motorcycle by way of dowry and due to non-fulfillment of the said
2/4 demand, the daughter of the informant was tortured, both mentally as well as physically and on 08.07.2025, the accused persons killed the daughter of the informant and fled away.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case with ulterior motive. He further submits that the petitioner no. 1 is the father-in-law and the petitioner no. 2 is the married sister-n-law (nanad) of the deceased. He further submits that the deceased was a shorttampered lady and she had committed suicide. He further submits that the petitioners are separate in mess and property and they have got no concern with the day to day life of the deceased and/or her husband.
5. On the other hand, learned Additional Public Prosecutor vehemently opposed the prayer for bail and submits that within one year of the marriage, the deceased was killed by her in-laws for demand of dowry.
6. I have heard learned counsel for the parties and have gone through the materials on record including the impugned order.
7. Within one year of the marriage, the informant's daughter
3/4 died an unnatural death in her matrimonial home. The nature of death is not important whether it is natural, suicidal or accidental but the fact of the matter is that deceased died an unnatural death within one year of her marriage. There is a presumption against the accused persons under Section 117 and 118 Bhartiya Sakshya Adhiniyam, 2023. The offence is serious in nature and the punishment thereof is also serious.
8. Accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 1.
9. This application, so far as petitioner no. 1 is concerned, is dismissed.
10. However, considering the fact that the petitioner no. 2 is the married sister-in-law (nanad) of the deceased, I am inclined to grant her privilege of anticipatory bail.
11. This application, so far as petitioner no. 2 is concerned, is allowed.
12. Let the petitioner no. 2, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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
4/4 learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Ishuapur Police Station Case No. 134 of 2025, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √