Patna High Court
Naresh Prasad SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Naresh Prasad Sah and his son Kunal Prasad Sah, sought bail fearing arrest in a dowry‑related case (Banka Mahila PS Case No.02 of 2025) filed under several sections of the Bihar Nagarik Suraksha and the Dowry Prohibition Act. The prosecution alleged that the informant’s husband and in‑laws subjected her to cruelty and expelled her from her matrimonial home for non‑payment of dowry. The petitioners contended they were falsely implicated, had no specific overt act attributed to them, and possessed no criminal antecedents. The learned Additional Public Prosecutor opposed bail, while counsel for the petitioners argued the allegations were general and omnibus. After considering the submissions, the Court granted bail on the condition of furnishing a bond of Rs 10,000 with two sureties each, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application was allowed.
Issues considered
- Whether the petitioners are entitled to bail in the dowry‑related criminal case.
- Whether the allegations against the petitioners constitute sufficient ground for arrest.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in this circumstance.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Nagarik Suraksha (BNS) — s. 115(2), 3(5), 351(3), 352, 85
- Dowry Prohibition Act — s. 4
Subjects
- bail
- dowry prohibition
- criminal procedure
- Section 482
- anticipatory bail
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32537 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- MAHILA P.S. District- Banka
======================================================
1. Naresh Prasad Sah S/o Late Mohan Prasad Sah R/o Village- Amarpur, Police
Station- Amarpur, District- Banka
2. Kunal Prasad Sah @ Kunal Kumar S/o Naresh Prasad Sah R/o Village-
Amarpur, Police Station- Amarpur, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari W/o Gautam Kumar Sah, D/o Late Yogendra Narayan Gayn
R/o vill - Amarpur, P.S.- Amarpur, Distt.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Banka Mahila PS. Case No. 02 of 2025 dated 09.1.2025
instituted under Section 85, 115(2), 351(3), 352 and 3(5) of the
BNS and section ¾ of the Dowry Prohibition Act.
3. The prosecution case, in short, is that the marriage
of the informant was solemnized with Goutam Kumar Sah in the
year 2021 after having a love affair of more than ten years and
soon thereafter, she was subjected to cruelty by her husband and
Patna High Court CR. MISC. No.32537 of 2026(2) dt.13-05-2026
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in-laws and was ultimately ousted from her matrimonial home
on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is submitted that petitioner no. 1 happens to
be the father-in-law of the informant and petitioner no. 2 is the
elder brother-in-law of the informant. Further submission is that
no specific overt act has been attributed to the petitioners and
the allegations against them are general and omnibus in nature.
Lastly, it is submitted that the petitioners have no criminal
antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned SDJM Banka/ Court concerned, Banka, in Banka
Mahila PS. Case No. 02 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita 2023.
Patna High Court CR. MISC. No.32537 of 2026(2) dt.13-05-2026
3/3
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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