Patna High Court
Shashi Bhushan SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3
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
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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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