Jharkhand HC Grants Pre-Arrest Bail to Brother-in-Law in Matrimonial Row
Mukut Bhagat v. State of Jharkhand
Anticipatory Bail Application (A.B.A. No. 6665 of 2025)
Mukut Bhagat v. State of Jharkhand
Issue
Whether the petitioner, apprehending arrest in connection with Lohardaga P.S. Case No. 127 of 2025 for offences under the Bharatiya Nyaya Sanhita, 2023, was entitled to the grant of anticipatory bail, considering his alleged role, relationship with the accused parties, and the surrounding matrimonial dispute.
Rule
Anticipatory bail may be granted under criminal procedure when the Court is satisfied that:
The accusation appears to arise from personal or matrimonial disputes,
The role attributed to the accused is not grave or prima facie custodial interrogation is not required, and
Parity exists where similarly placed co-accused have already been granted bail.
The Court may impose conditions as prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 while granting bail.
Application
In the present case, the petitioner was the brother-in-law of accused no. 3, who was the legally wedded wife of the main accused. The Court noted that the dispute was essentially matrimonial in nature, involving maintenance proceedings and failed divorce litigation between the husband and wife. The petitioner’s involvement appeared to be incidental to the family dispute. Importantly, three co-accused had already been granted anticipatory bail by the Sessions Court. Although allegations of assault were raised, the Court found no exceptional circumstance warranting denial of bail at the anticipatory stage.
Conclusion
The High Court allowed the anticipatory bail application. The petitioner was directed to surrender before the trial court within three weeks, and in the event of surrender or arrest, to be released on bail upon furnishing the required bond and sureties, subject to statutory conditions under BNSS, 2023.