Patna High Court
Pradeep Saw @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail may be granted as the allegations are general, the principal accused is already in custody, and the petitioners are not likely to tamper with evidence, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners – the father‑in‑law, mother‑in‑law and two brothers‑in‑law of the deceased – applied for bail fearing arrest in a dowry‑death case (Nasriganj P.S. Case No.159 of 2025) registered under Sections 103(1), 80 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that they colluded to kill the informant’s sister over a dowry demand, but the petitioners contended that the deceased was issueless, had committed suicide due to marital discord, and that no specific allegation was made against them. They further argued that the husband of the deceased, who is already in judicial custody, is the primary accused and that they have no criminal antecedents. The State opposed bail, citing the seriousness of the offence. The Court, noting that the allegations against the petitioners were general and omnibus and that the principal accused is already detained, granted bail subject to conditions under Section 482(2) of the BNSS and additional safeguards.
Issues considered
- Whether bail can be granted to the petitioners despite only general and omnibus allegations in a dowry‑death case under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482(2), 80
Subjects
- bail
- dowry death
- general allegations
- Section 482
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17698 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Pradeep Saw @ Pradeep Kumar son of Late Lagan Sah Resident of village-
Hariharganj, Ward No. 9, Nasriganj, Ps- Nasriganj, Dist- Rohtas
2. Meena Devi wife of Pradeep Saw @ Pradeep Kumar Resident of village-
Hariharganj, Ward No. 9, Nasriganj, Ps- Nasriganj, Dist- Rohtas
3. Vikash Kumar Son of Pradeep Saw @ Pradeep Kumar Resident of village-
Hariharganj, Ward No. 9, Nasriganj, Ps- Nasriganj, Dist- Rohtas
4. Rohit Kumar son of Pradeep Saw @ Pradeep Kumar Resident of village-
Hariharganj, Ward No. 9, Nasriganj, Ps- Nasriganj, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Nasriganj P.S. Case No.159 of 2025, dated
05.05.2025, registered for the offence punishable under Sections
103(1), 80, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioners in collusion with
each others are said to have killed the sister of the informant on the
pretext of non-fulfillment of demand for dowry.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.17698 of 2026(2) dt.25-03-2026
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case. It is further submitted that the marriage of the deceased was
solemnized in the year 2010, and the occurrence is of the year
2025. Petitioner no. 1 is the father-in-law, petitioner no. 2 is the
mother-in-law, and petitioner nos. 3 and 4 are the brothers-in-law
of the deceased. It is further submitted that the deceased was
issueless, and due to this reason, some dispute arose between the
husband and the deceased, on account of which she committed
suicide. There is no specific allegation against the petitioners;
rather, the allegations are general and omnibus in nature. It is
further submitted that the investigation is complete, and the
chargesheet has already been submitted against the husband of the
deceased. Lastly, it is submitted that the petitioners have no
criminal antecedents.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Taking into account that there is general and
omnibus allegations against the petitioners and the husband of the
deceased is already in judicial custody, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.17698 of 2026(2) dt.25-03-2026
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the satisfaction of the learned S.D.J.M., Bikramganj,
Rohtas/Successor Court in connection with Nasriganj P.S. Case
No.159 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the 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)
shikha/-
U T
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