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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions under the relevant provisions.

Summary

The petitioner, Sachin Kumar, sought anticipatory bail in a dowry‑death case (Udwantnagar PS Case No. 525 of 2025) where the FIR alleged that the deceased’s husband and his family demanded dowry, harassed her and caused her death, and that the petitioner was named only at the end of the FIR with a general allegation of involvement in disposing of the body. The petitioner argued that he is not related to the husband, was merely an acquaintance, and at most could be liable under the bailable offence of concealing a dead body under Section 238 of the BNS. The State and the informant opposed bail, contending that the petitioner participated in the disappearance of the body. The Court examined the FIR’s wording, the petitioner’s lack of familial connection, and the nature of the alleged offence, concluding that the allegations against him were minimal and the offence under Section 238 is bailable. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000, two sureties of equal amount, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the petitioner’s alleged participation in the disposal of the dead body falls under a bailable offence under Section 238 of the BNS.
  • Applicability of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 238
  • Section 80
  • Section 3(5)
  • B.N.S.S.
  • Cr.P.C.
  • FIR
  • bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23193 of 2026
                   Arising Out of PS. Case No.-525 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Sachin Kumar Son of Krishna Singh Resident of Village - Araura, P.S.
                 -Udwantnagar, District - Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Bhola Singh Son of Late Ramjee Singh R/o Village - SBartiyar, P.S . - Sahar,
                 Dist. - Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Raju Kumar Singh, Advocate
                 For the State           :       Mr. Ashok Kumar Singh, APP
                 For the Informant       :       Mr. Raj Kumar, Advocate
                                                 Mr. Dineshwar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-04-2026                   Heard learned counsel for the petitioner as well as the

                   informant and learned Additional Public Prosecutor for the

                   State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Udwantnagar P.S. Case No. 525 of 2025 in a

                   case registered for the offence punishable under Sections 80,

                   238 and 3(5) of the BNS.

                                 3. As per the prosecution story, informant’s daughter,

                   Arti Kumari got married with the co-accused Sonadhari Singh

                   on 12.03.2025. After marriage, the accused persons started

                   demanding dowry and due to its non-filfillment, they harassed

                   and ultimately killed her on 27.10.2025 and cremated her dead
Patna High Court CR. MISC. No.23193 of 2026(2) dt.10-04-2026
                                            2/3




          body without waiting for the parents of the deceased.

                       4. Learned counsel for the petitioner submits that

          from bare perusal of the first information report, it would appear

          that the allegations of subjecting the deceased to cruelty is

          confined on the husband of the deceased and his family

          members. The name of the petitioner features at the fag end of

          the first information report with a general and omnibus

          allegation that he, along with other family members have caused

          the death of the deceased and disposed of the dead body. It is

          further submitted that the petitioner is not related to the husband

          of the deceased in any manner and has been made an accused

          only on the ground that he was an acquaintance of the family

          although he does not belong to the same village as well. It has

          also been submitted that at best, the role of the petitioner could

          be in disposal of the dead body which would amount to offence

          under Section 238 of the BNS which is bailable in nature.

                       5. Learned APP for the State and learned counsel for

          the informant have opposed the application for anticipatory bail

          on the ground that the deceased was not only done to death but

          her dead body was also made to disappear and the petitioner

          also has a role in the same as he is named in the first

          information report.
             Patna High Court CR. MISC. No.23193 of 2026(2) dt.10-04-2026
                                                         3/3




                                 6. Taking into consideration the facts and circumstances

                       and also considering the fact that the name of the petitioner only

                       features at the fag end of the FIR in a general and omnibus

                       fashion and he is not a family member of the husband of the

                       deceased, let the above named petitioner, in the event of his

                       arrest or surrender before the learned Court below within a

                       period of four weeks from today, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending/successor court

                       in connection with Udwantnagar P.S. Case No. 525 of 2025,

                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T


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