Bindu Prasad @ Bindu Prasad Gupta @ Bindu Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56674 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- OBRA District- Aurangabad ====================================================== 1.
Bindu Prasad @ Bindu Prasad Gupta @ Bindu Kumar Gupta S/o Late Lallu Prasad @ Lallu Prasad Gupta R/o Mohalla - Rathdurga, Obara Amna Market, Police Station - Obara, Distt.- Aurangabad 2.
Sobha Devi W/o Bindu Prasad @ Bindu Prasad Gupta @ Bindu Kumar Gupta R/o Mohalla - Rathdurga, Obara, Amna Market, Police Station - Obara, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the State :
Ms. Sharda Kumari, APP For the Informant :
Mr. Brij Mohan Das, Adv.
Mr. Binod Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 80(2), 3(5) of the B.N.S.
3. The allegation in the FIR is that of causing the death of the informant's daughter by the accused persons including the present petitioners on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that it would be apparent from the FIR itself that there is a specific
Patna High Court CR. MISC. No.56674 of 2025(2) dt.29-08-2025 2/3 allegation that the husband of the deceased was having an illicit relation with his aunt which was being protested by the deceased. However, there is general and omnibus allegation against these petitioners and it has specifically been stated in paragraph 8 of the bail petition that the petitioners, who are the father-in-law and mother-in-law of the deceased, respectively, were residing separately from the deceased and her husband and were, thus, not concerned with their family affairs. It is further submitted that the informant was informed about the death of the deceased, which took place on account of an accident, by the husband of the deceased whereafter they had arrived and the postmortem was also conducted.
It would appear from the postmortem report, which is Annexure-2 to this petition, that but for an abrasion mark found below the jaw, no other external injury was noted and the opinion with regard to cause of death was also reserved till the viscera report. It is also submitted that the husband of the deceased, who is primarily responsible for the welfare of his wife, has already surrendered on 05.06.2025 and is in custody since then. It is also pointed out by learned counsel for the petitioners that petitioner no.2 is also suffering from severe illness and she is under treatment in AIIMS Bhuwaneshwar.
Patna High Court CR. MISC. No.56674 of 2025(2) dt.29-08-2025 3/3
5. Learned APP for the State and learned counsel appearing for the informant, however, strongly oppose the prayer for anticipatory bail on the ground of the fact that the death of the deceased has taken place in a very short span of time.
6. Taking into consideration the facts that the petitioners are the father-in-law and mother-in-law of the deceased and they were residing separately and the husband of the deceased is already in custody, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on anticipatory 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 lower Court where the case is pending/successor Court in connection with Obara P.S. Case No. 202 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T