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Patna High Court

Surendra Sah @ Surendra PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-
U        T


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