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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sudhir Kumar, a brother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑death case (Case No. 84 of 2025) filed under Sections 85, 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. He contended that the allegations were vague, arose 17 years after marriage, and that the deceased had died of a sudden chest pain, not dowry‑related violence. The informant had earlier filed a petition seeking withdrawal of the case, citing a misunderstanding. The State opposed the bail, but the Court noted the lack of specific charges against the petitioner, the absence of criminal antecedent, and that co‑accused had already been granted anticipatory bail. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon surrender, with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry‑death case where specific allegations against him are absent
  • Whether the delay of 17 years and the informant's request for withdrawal affect the bail decision

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bhartiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13093 of 2026
                     Arising Out of PS. Case No.-84 Year-2025 Thana- Rampur Chauram District- Arwal
                 ======================================================
                 Sudhir Kumar S/o- Sri Kushlendra Singh Resident of Sarautin P.S- Rampur,
                 Dist- Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravindra Kumar
                 For the Opposite Party/s :        Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Rampur Chauram P.S. Case No. 84 of 2025 registered for

                   the offence punishable under Sections 85, 103(1), 238, 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023.

                                3. Allegation in the F.I.R is that informant’s daughter

                   was killed by the accused persons due to non-fulfillment of

                   demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been implicated in the case only for the reason

                   that he happens to be the brother-in-law of the deceased. It is

                   further submitted that the deceased was not keeping well and

                   was under treatment and in course of her treatment, her death is
Patna High Court CR. MISC. No.13093 of 2026(2) dt.18-03-2026
                                            2/3




          said to have taken place. Allegations against the petitioner are

          mostly general and omnibus in nature and almost 17 years after

          marriage, allegations causing death on account of dowry

          demand has been levelled. Learned counsel further submits that

          the informant has filed a petition before the learned Chief

          Judicial Magistrate on 26.11.2025, which is Annexure-3 to the

          petition, with regard to filing of the present case on account of

          some misunderstanding and as a matter of fact the deceased died

          due to sudden chest pain. Further, other co-accused persons

          have been granted anticipatory bail by co-ordinate Benches of

          this Court vide orders dated 15.01.2026 and 24.02.2026 passed

          in Cr. Misc. Nos. 91833 of 2025 and 5839 of 2026 respectively.

          The petitioner has no criminal antecedent and undertakes to co-

          operate in case/trial.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that the

          petitioner happens to be the brother-in-law of the deceased with

          no specific allegation against him coupled with the fact that

          allegation has been leveled after 17 years of marriage and also

          considering the fact that subsequently the informant herself
              Patna High Court CR. MISC. No.13093 of 2026(2) dt.18-03-2026
                                                          3/3




                        sought for withdrawal of case filed under some misconception

                        and co-accused persons have been granted bail by aforesaid

                        orders, it is directed that the petitioner, above named, in the

                        event of her arrest or surrender before the learned Court below

                        within a period of four weeks, be released on anticipatory bail in

                        connection with Rampur Chauram P.S. Case no.84 of 2025 on

                        furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction of the

                        learned Chief Judicial Magistrate, Arwal, subject to the

                        condition laid down under Section 438(2) of the Code of

                        Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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