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Patna High Court

Shatrudhan Sah @ Shatrudhan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to prescribed conditions.

Summary

Shatrudhan Sah and Gaytri Devi, the father‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail after being implicated in a murder case involving alleged dowry demands. The FIR (Case No. 343/2025) charges them under several sections of the Bharatiya Nyaya Sanhita, 2023, while the husband of the deceased is already in judicial custody. The petitioners contend they are innocent, have no criminal record, and are willing to cooperate with the investigation. The State opposed the bail, citing the seriousness of the allegations. Considering the general nature of the allegations and the husband's custody, the court granted anticipatory bail subject to strict conditions, including surety, appearance before the trial court, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the presence of a co‑accused in judicial custody influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 BNS
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15265 of 2026
                 Arising Out of PS. Case No.-343 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Shatrudhan Sah @ Shatrudhan Prasad Son of Late Mahindra Sah Resident of
                  Village - Majhauliya, P.S. - Pakaridayal, District - East Champaran.
           2.    Gaytri Devi Wife of Shatrudhan Sah @ Shatrudhan Prasad Resident of
                 Village - Majhauliya, P.S. - Pakaridayal, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   29-04-2026                  Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Pakaridayal P.S. Case No. 343/2025, F.I.R

                   dated 22.07.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 80, 352, 351(2) read with Section 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, the petitioners and

                   the co-accused persons are alleged to have killed the informant’s

                   daughter due to non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.15265 of 2026(3) dt.29-04-2026
                                            2/3



          case. The petitioners have got no criminal antecedent. There is

          general and omnibus allegation against the petitioners who are

          father-in-law and mother-in-law of the deceased. The petitioners

          are living separately with the younger son. It is next submitted

          that the husband of the deceased is in custody since 04.08.2025.

          Investigation against the husband of the deceased is complete

          and is put on trial so far these petitioners are concern

          investigation is still going on and they are ready to co-operate in

          investigation.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is general and omnibus allegation against the

          petitioners and the husband of the deceased is in judicial

          custody. Accordingly, this Court is inclined to grant the privilege

          of anticipatory bail to the petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

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

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

          the learned Additional Chief Judicial Magistrate-8, East

          Champaran at Motihari in connection with Pakaridayal P.S.

          Case No. 343/2025, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.15265 of 2026(3) dt.29-04-2026
                                                         3/3



                       Section 438(2) of the Code of Criminal Procedure / Section

                       482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

                       following conditions:-

                                    (i) one of the bailors should be the family

                       member/relative/known of the petitioner(s) who shall provide

                       official document/personal affidavit to show his/her bona fide;

                                    (ii) the petitioner(s) shall appear on each and every

                       date before the Trial Court and failure to do so for two

                       consecutive       dates     without      plausible   reason   will   entail

                       cancellation of his/her/their bail bond by the Trial Court itself;

                                    (iii) the petitioner(s) shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (iv) the petitioner(s) shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                     (Ajit Kumar, J)
atul/-

U        T


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