Patna High Court
Dukha SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
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
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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.
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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
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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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