Patna High Court
Surendra Sah @ Surendra PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to surrender and bail bond conditions.
Summary
The petitioners, Surendra Prasad and his wife Neeta Devi, applied for anticipatory bail fearing arrest in a dowry‑death case (Turkauliya P.S. Case No. 506 of 2025) filed under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged that the deceased, Saloni Kumari, was killed by her in‑laws following dowry demands, implicating the petitioners as her father‑in‑law and mother‑in‑law. The petitioners contended they were innocent, had no criminal antecedent, and the allegations were general and directed primarily at the deceased’s husband. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court, applying Section 482(2) of the B.N.S.S., ordered that the petitioners be enlarged on bail upon surrendering within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties each, thereby granting anticipatory bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita in the dowry‑death case
- Whether the nature of the allegations justifies denial of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23992 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Surendra Sah @ Surendra Prasad S/o Ramchandra Sah R/o Village -
Shankar Saraiya, P.S.- Turkauliya, District - East Champaran
2. Neeta Devi W/o Surendra Prasad R/o Village - Shankar Saraiya, P.S.-
Turkauliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Turkauliya P.S. Case No. 506 of 2025 instituted for the
offence under Sections 80 and 3(5) of Bhartiya Nyaya Sanhita.
3. The case of the prosecution is that Saloni Kumari
(deceased) was married to one Manish Sah. It is alleged that she
was subjected to cruelty on account of non-fulfillment of dowry
demand. On 21.10.2025, the informant got information that her
daughter has been killed by her in-laws.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.23992 of 2026(2) dt.08-05-2026
2/2
committed no offence. They have falsely been implicated in this
case. Learned counsel for the petitioners has further submitted that
the nature of allegation against the petitioners is general and
omnibus. They are father-in-law and mother-in-law of the
deceased. The main thrust of allegation is against the husband of
the deceased. A statement has been made in para-3 of this petition
that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Turkauliya P.S. Case No. 506 of 2025, they will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) each with two sureties of the like amount
each to the satisfaction of learned J.M. 1 st Class, East Champaran,
Motihari subject to the conditions as laid down under section
482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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