Patna High Court
Devnath SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.
Summary
The petitioners—Devnath Sahni, Krishna Devi, Soni Kumari and Nandani Kumari—filed an anticipatory bail application fearing arrest in connection with FIR No. 15.05.2025 (Mahua P.S. Case No. 558/2025) alleging they killed an informant's daughter over a dowry demand. The prosecution alleged offences under Sections 80 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, while the petitioners asserted innocence, no prior criminal record, and highlighted that the deceased's husband is already in judicial custody. The State opposed the bail, arguing the seriousness of the allegations. The Court, noting the general and omnibus nature of the accusations and the husband's custody, exercised its discretion under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to strict conditions including bond, sureties, appearance before the trial court, and non‑interference with witnesses. The order directs release on bail if the petitioners are arrested or surrender within thirty days, subject to compliance with the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC and Section 482(2) B.N.S. in a case involving alleged dowry‑related homicide?
- Do the general and omnibus allegations against the petitioners justify denial of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Code of Criminal Procedure
- Bhartiya Nagarik Suraksha Sanhita
- Section 80
- Section 3(5)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15386 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Devnath Sahni S/o Vijay Sahni R/o vill - Bharatpur Singhara, P.S.- Mahua,
Distt.- Vaishali
2. Krishna Devi W/o Vijay Sahni R/o vill - Bharatpur Singhara, P.S.- Mahua,
Distt.- Vaishali
3. Soni Kumari D/o Vijay Sahni R/o vill - Bharatpur Singhara, P.S.- Mahua,
Distt.- Vaishali
4. Nandani Kumari W/o Devnath Sahni R/o vill - Bharatpur Singhara, P.S.-
Mahua, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, 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 Mahua P.S. Case No. 558/2025, F.I.R dated
15.05.2025 registered for the offences punishable under
Sections 80 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.
Patna High Court CR. MISC. No.15386 of 2026(3) dt.29-04-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and has falsely been implicated in this
case. The petitioner have got no criminal antecedent as stated at
para. 3 of the bail petition. There is general and omnibus
allegation against the petitioner who are jeth, mother-in-law,
sister-in-law and jethani of the deceased. Learned counsel has
submitted that the husband of the deceased is in judicial custody.
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 C.J.M. Vaishali at Hajipur in connection with Mahua
P.S. Case No. 558/2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Patna High Court CR. MISC. No.15386 of 2026(3) dt.29-04-2026
3/3
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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