Patna High Court
Lalbabu Sahni @ Babulal SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted to petitioners 5 and 6 who are not directly implicated, but cannot be extended to petitioners 1‑4 who are alleged principal participants in the dowry‑death and cremation.
Summary
The petitioners sought anticipatory bail in a dowry‑death case where the FIR alleged that members of the family strangulated the victim and cremated the body. The petitioners argued they have clean antecedents and that the informant is not an eye‑witness, making the allegations speculative. The State contended that a presumption under dowry‑death law applies and that the family members were directly involved in the cremation, justifying denial of bail. The Court, applying Section 482(2) of the BNSS, granted anticipatory bail to petitioners 5 and 6 on the condition of bail bonds and sureties, but refused bail to petitioners 1‑4 who are alleged principal participants. The order emphasizes that anticipatory bail is discretionary and depends on the degree of alleged involvement.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS.
- Whether the presumption under dowry‑death provisions applies to the petitioners.
- Whether the FIR allegations constitute sufficient ground to deny anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- dowry death
- presumption
- Section 482
- criminal procedure
- bail
- family members
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1611 of 2026
Arising Out of PS. Case No.-285 Year-2024 Thana- SIDHWALIYA District- Gopalganj
======================================================
1. Lalbabu Sahni @ Babulal Sahni S/O Late Jamuna Sahni All Resident of
Village- Hassanpur Mathiya, P.S. - Sidhwalia, District -Gopalganj.
2. Urmila Devi @ Parmila Devi W/O Lalbabu Sahni @ Babulal Sahni All
Resident of Village- Hassanpur Mathiya, P.S. - Sidhwalia, District
-Gopalganj.
3. Deepak Kumar Sahni @ Dilip Kumar Sahni S/O Lalbabu Sahni @ Babulal
Sahni All Resident of Village- Hassanpur Mathiya, P.S. - Sidhwalia, District
-Gopalganj.
4. Awdhesh Kumar Sahni @ Awdhesh Sahni S/O Lalbabu Sahni @ Babulal
Sahni All Resident of Village- Hassanpur Mathiya, P.S. - Sidhwalia, District
-Gopalganj.
5. Subhash Sahni S/O Jamo Sahni All Resident of Village- Hassanpur Mathiya,
P.S. - Sidhwalia, District -Gopalganj.
6. Sobha Devi W/O Subhash Sahni All Resident of Village- Hassanpur
Mathiya, P.S. - Sidhwalia, District -Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-04-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State, Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80, 238,
115(2), 74, 303(2) and 3(5) of the BNS, 2023.
Patna High Court CR. MISC. No.1611 of 2026(2) dt.27-04-2026
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3. The learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that her daughter was married to Ajay on 24.04.2024,
after marriage, the accused persons were harassing her daughter
for dowry, next alleges that on 09.10.2024 at 04:00 PM, all the
accused persons including the petitioners along with 5-6
unknown accused strangulated the victim to death, accordingly,
on coming to know about the occurrence, informant reached the
place of occurrence at 06:00 PM and asked the accused persons
to take the dead body to the PS, on which she was assaulted and
unveiled and they snatched her mobile, hence the informant
could not inform the police station and also snatched keys of her
vehicle and she had to flee from the place of occurrence and the
accused persons cremated the dead body in haste.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant is not an eye witness to the occurrence and the entire
allegation hinges around suspicion. It is further submitted that
even allegation of demand of dowry and torture is general and
omnibus in nature. It is next submitted that whenever any
Patna High Court CR. MISC. No.1611 of 2026(2) dt.27-04-2026
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dispute arises in between the husband and the wife and the
occurrence of the nature as alleged takes place, the entire family
members are implicated in a mechanical manner with general
and omnibus allegations. It is next submitted that even cousin
father-in-law and mother-in-law of the deceased have been
implicated when they do not have any role to play in day to day
life of the deceased and her husband and they even live
separately, which amply demonstrates the manner in which the
family members came to be implicated. It is also submitted that
Usha Devi along with two other had approached this Court
seeking anticipatory bail by filing Criminal Miscellaneous No.
73900 of 2025 and the same came to be allowed by an order
dated 27.11.2025.
5. Learned A.P.P. for the State, Mr. Chandra Bhushan
Prasad, vehemently opposes the prayer for anticipatory bail of
the petitioners and submits that what is not in dispute rather
stands admitted is that victim died within seven years of
marriage, as such, in law presumption is against the husband
and his family members. It is next submitted that no doubt Usha
Devi along with two others were granted the privilege of
anticipatory bail by an order dated 27.11.2025 in Criminal
Miscellaneous No. 73900 of 2025, but then the case of Usha
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Devi and others is not akin to the case of petitioner nos. 1, 2, 3
and 4 in the instant anticipatory bail application, as they are own
father-in-law, mother-in-law and brother-in-laws while Usha
Devi and two others who had approached this Court seeking
anticipatory bail were cousin of the husband of the deceased.
The learned APP also submits that in the instant case, petitioner
nos. 5 and 6 are similarly situated like that of Usha Devi and
others. It is further submitted that there is a specific allegation in
the FIR that the dead body was not sent for postmortem rather
was cremated in haste. It is further submitted that it is not
possible for the husband alone to cremate the dead body without
the support of his family members. It is next submitted that
investigation in the case is continuing.
6. 9. After hearing the learned counsel for the parties,
the petitioner nos. 5 and 6 only above-named, in the event of
their arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Sidhwaliya P.S. Case No. 285 of 2024 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
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7. However, the Court is not inclined to extend the
privilege of anticipatory bail to petitioner nos. 1, 2, 3 and 4.
(Satyavrat Verma, J)
Rishabh/-
U T
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