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Patna High Court

Devnath SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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