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Patna High Court

Dukha SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to all petitioners subject to bond and surrender conditions under Section 482(2) of the BNSS.

Summary

The petitioners, elderly in‑laws of the deceased, were named in an FIR for offences under Sections 80, 238 and 3(5) of the BNS, alleged to have caused the death of an informant's daughter over a dowry demand. They contended that they are over 80 years old, sick, have clean antecedents, and have no daily domestic connection with the victim, who was married to a person already in judicial custody. The State opposed their bail application. The Court, after considering the factual submissions and the nature of the allegations, held that the petitioners could be released on bail provided they surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be complied with by the concerned court in Muzaffarpur. The decision reflects the Court's discretion to grant bail where the allegations are omnibus and the accused are elderly and infirm.

Issues considered

  • Whether the petitioners are entitled to bail under Section 482(2) of the BNSS despite the serious nature of the allegations.
  • Whether the alleged involvement in a dowry‑related death justifies denial of bail.

Legislation cited

  • BNS — s. 238, 3(5), 80
  • BNSS — s. 482(2)

Subjects

  • bail
  • dowry death
  • criminal procedure
  • Section 482
  • high court
  • Bihar
  • elderly accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10659 of 2026
                    Arising Out of PS. Case No.-182 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
           1.     Dukha Sahni Son of Late Indradeo Sahni Resident Of Village- Dharphari
                  Mallah Tola, Ps- Deoria, Dist- Muzaffarpur
           2.    Dhanvanti Devi Wife of Dukha Sahni Resident Of Village- Dharphari
                 Mallah Tola, Ps- Deoria, Dist- Muzaffarpur
           3.    Nilam Kumar @ Neeraj Kumar Son of Dinesh Sahni Resident Of Village-
                 Dharphari Mallah Tola, Ps- Deoria, Dist- Muzaffarpur
           4.    Bihari Sahni Son of Dhukha Sahni Resident Of Village- Dharphari Mallah
                 Tola, Ps- Deoria, Dist- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Upendra Kumar Chaubey
                 For the Opposite Party/s :       Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                     Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Deoria P.S.

                   Case No. 182 of 2025 registered for the offences

                   punishable under Sections 80, 238, 3(5) of BNS.

                                3. The allegation against petitioners is to cause

                   death of the daughter of informant alongwith family

                   members/ co-accused persons due to non-fulfillment of

                   demand of dowry.
Patna High Court CR. MISC. No.10659 of 2026(2) dt.23-02-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioners that petitioner no. 1 and 2 are

          grandfather-in-law and grandmother-in-law respectively

          aged about more than 80 years, they are old and sick. It

          is also pointed out that petitioner no. 3 is cousin brother-

          in-law and petitioner no. 4 is cousin father-in-law, who

          are living separately and having no connection with daily

          and domestic affairs of deceased and her husband. It is

          submitted that the husband of the deceased is in judicial

          custody. Petitioners claimed clean antecedent.

                       5 Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact as petitioners are in-laws, claimed to

          be living separately facing general and omnibus allegation

          qua their involvement with present crime in question,

          accordingly all above-named petitioners, in the event of

          their arrest or surrender before the court below within a

          period of four weeks, are directed to be released on bail,

          furnishing bail bond of Rs. 10,000/- (Rupees Ten
              Patna High Court CR. MISC. No.10659 of 2026(2) dt.23-02-2026
                                                          3/3




                        Thousand) each with two sureties of the like amount each

                        to the satisfaction of the learned ACJM V, Muzaffarpur

                        West /concerned Court, where the case is pending in

                        connection with Deoria P.S. Case No. 182 of 2025,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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