Patna High Court
Shatrudhan Sah @ Shatrudhan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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/-
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