Patna High Court
Surrendra Sah @ Shohindra Sah @ Surendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs. 10,000 each with two sureties.
Summary
The petitioners, the father‑in‑law and mother‑in‑law of a deceased woman, applied for bail in a case registered under Sections 80, 238 and 61(2) of the Bhartiya Nayay Sanhita. The allegations stem from a love marriage between the deceased and Sujit Sah, during which a dowry demand of Rs. four lakh was purportedly made, leading to alleged torture, the murder of the deceased on 24‑09‑2025 and the burning of her body to conceal evidence. The petitioners contend that they lived separately from the husband, that the dowry demand is implausible, and that the husband is already in judicial custody, also noting the petitioner's mental illness. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the circumstances, ordered the release of the petitioners on bail with a bond of Rs. 10,000 each and two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate.
Issues considered
- Whether bail should be granted to the accused under Sections 80, 238 and 61(2) of the Bhartiya Nayay Sanhita in a dowry‑related murder case.
- Whether the petitioners are likely to tamper with evidence or flee from prosecution.
- Whether the alleged dowry demand and torture allegations against the petitioners are substantiated.
Subjects
- bail
- dowry death
- murder
- dowry demand
- criminal procedure
- Bhartiya Nayay Sanhita
- love marriage
- custodial investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2973 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
1. Surrendra Sah @ Shohindra Sah @ Surendra Sah S/O Prakash Sah @ Ram
Pragash Sah R/O Vill.- Nanpur, P.S- Nanpur ,Dist.- Sitamarhi
2. Sharmila Devi Surrendra Sah @ Shohindra Sah @ Surendra Sah R/O Vill.-
Nanpur, P.S- Nanpur ,Dist.- Sitamarhi
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ratneshwar Prasad
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are seeking bail in connection with
Nanpur P.S. Case No. 362 of 2025, registered for the offence
under Sections 80, 238, 61(2) of the Bhartiya Nayay Sanhita.
3. As per allegations, the younger sister of the
informant had fled away with Sujit Sah (son of the petitioners)
and had performed love marriage. It is alleged that after
performance of such love marriage, demand of Rs. Four lakhs as
dowry was made and she was tortured for non-fulfillment of the
same. It is further alleged that, on 24.09.2025, the deceased was
murdered by her husband and in-laws and her dead body was
burnt with an intention to screen the evidence.
Patna High Court CR. MISC. No.2973 of 2026(4) dt.02-04-2026
2/3
4. Learned counsel appearing for the petitioners
submits that petitioners No. 1 and 2 are father-in-law and
mother-in-law respectively of the deceased and there is general
and omnibus allegations of demand of dowry and torture against
them. The petitioners were living separate from the husband of
the deceased as he had performed love marriage with the
deceased and since the deceased had also fled away from her
parental house, so the informant and others also had no concern
with the deceased and hence demand of dowry from them is
unbelievable. Moreover, the husband of the deceased, namely,
Sujit Kumar, is stated to be in judicial custody and a statement
to this effect has been mentioned in paragraph 9 of the
application. It is further submitted that petitioner No.1 is not
mentally sound and he is under treatment. The petitioners are in
custody since 25.09.2025.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the
case, let the, above named, petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned SDJM, Pupri, Sitamarhi, in connection with Nanpur P.S.
Patna High Court CR. MISC. No.2973 of 2026(4) dt.02-04-2026
3/3
Case No. 362 of 2025.
(Praveen Kumar, J)
Pawan/-
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