Patna High Court
Rooplal SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Rooplal Sahni, sought anticipatory bail in a dowry‑death case where he was alleged to have participated in the murder of his sister‑in‑law. The prosecution alleged offences under Sections 323, 328, 498A, 304(B), 504, 201 and 34 of the IPC, claiming the accused killed the victim over dowry demands. The petitioner contended he was merely the husband’s uncle, had no involvement, and highlighted that the husband and in‑laws had already been acquitted in a related case. The State opposed the bail, but the court noted the prior acquittal and lack of specific evidence against the petitioner. Consequently, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under the IPC.
- Whether the petitioner’s alleged involvement in the dowry‑death is sufficiently established to deny bail.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 201, 304B, 323, 328, 34, 498A, 504
Subjects
- anticipatory bail
- dowry death
- Indian Penal Code
- Section 482
- bail bond
- sureties
- acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25400 of 2026
Arising Out of PS. Case No.-230 Year-2021 Thana- MAJORGANJ District- Sitamarhi
======================================================
Rooplal Sahni S/O Late Pathlu Sahni R/O Village- Kora Khargi, P.O.-
Parsauni, P.S. -Parsauni, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 323, 328, 498A, 304(B),
504, 201/34 of the Indian Penal Code.
3. It is a case of dowry death. Prosecution case, in
brief, is that marriage of the daughter of informant was
solemnized with co-accused Vikash Sahni in the year 2018.
Thereafter, it is alleged that all the F.I.R. named accused
persons, including this petitioner, killed the daughter of
informant due to nonfulfillment of demand of dowry and
disposed of the dead body.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
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is uncle of the husband of deceased and he is simply victim of
over-implication. Allegation against petitioner is general and
omnibus. Petitioner is separate in mess and property and has got
no concern with family affairs of the deceased. He further
submits that from perusal of the impugned order it is manifest
that husband, mother-in-law and father-in-law of the deceased
faced trial and have been acquitted vide judgment dated
10.07.2023 passed in S.T. No. 497 of 2022. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that husband and in-laws of
the deceased have already been acquitted, this anticipatory bail
is allowed and it is ordered that let the above named petitioner
in the event of his arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Sitamarhi in connection with Majorganj P.
S. Case No. 230 of 2021, subject to condition as laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
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Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
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