Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 482(2), 85
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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