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Patna High Court

Shashi Bhushan SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 with two sureties each.

Summary

The petitioners, Shashi Bhushan Sah and his wife Mina Devi, sought bail in a dowry‑related case where the deceased, Puja Kumari, was alleged to have been subjected to cruelty and subsequently found dead. The prosecution alleged that the petitioners, as father‑in‑law and mother‑in‑law, were implicated under Sections 85 and 80(2) of the B.N.S. and Section 3 of the Dowry Prohibition Act. The petitioners contended they were innocent, not present at the time of the incident, and that the main accusation was against the husband. The State opposed bail, highlighting the petitioner's prior criminal antecedents. After hearing both sides, the Court found no substantive reason to deny bail and ordered the petitioners to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether bail should be granted to the accused under Sections 85, 80(2) of the B.N.S. and Section 3 of the Dowry Prohibition Act in a dowry‑death case
  • Whether the petitioners' alleged involvement and prior criminal antecedents preclude bail

Legislation cited

Subjects

  • bail
  • dowry death
  • domestic cruelty
  • criminal procedure
  • judicial custody
  • section 85 B.N.S.
  • section 80(2) B.N.S.
  • section 3 Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22945 of 2026
                    Arising Out of PS. Case No.-27 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
           1.     Shashi Bhushan Sah Son of Shri Yogendra Prasad Sah Resident of village-
                  Rautaniya PS- Phulparas District -Madhubani
           2.    Mina Devi @ Meena Devi Wife of Shri Shashi Bhushan Sah Resident of
                 village- Rautaniya PS- Phulparas District -Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivpujan Sahay, Adv.
                 For the Opposite Party/s :      Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Phulparas P.S. Case No. 27 of 2026 and Corresponding

                   G.R. No. 156 of 2026, registered for the offence punishable

                   under Sections 85, 80(2) of the B.N.S., and Sections ¾ of the

                   D.P. Act.

                                3. The case of the prosecution, in short, is that one

                   Puja Kumari (deceased) was married to Shekhar Kumar Sah

                   about one year prior to the occurrence. It is further alleged that

                   she was subjected to cruelty on account of non-fulfillment of

                   dowry demands. On 27.01.2026, the informant called the

                   deceased, who informed him that she was being assaulted and
Patna High Court CR. MISC. No.22945 of 2026(2) dt.07-04-2026
                                            2/3




          subjected to cruelty and that she may be killed. Subsequently,

          she was found dead.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in

          this case. He also submits that the petitioners are father-in-law

          and mother-in-law. They were not present at the house at the

          time of the occurrence. He further submits that the nature of

          allegation is general and omnibus and the main thrust of

          allegation is against the husband. Moreover, the petitioners are

          languishing in judicial custody since 28.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner no. 1 has criminal

          antecedent of two cases whereas petitioner no. 2 has no

          criminal antecedent.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) each with two

          sureties of the like amount each to the satisfaction of the

          learned Additional Chief Judicial Magistrate-II, Jhanjharpur,
           Patna High Court CR. MISC. No.22945 of 2026(2) dt.07-04-2026
                                                       3/3




                     Madhubani in connection with Phulparas P.S. Case No. 27 of

                     2026 and Corresponding G.R. No. 156 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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