Patna High Court
Md. Tanveer Sah @ Md. Tanweer ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, five relatives of a co-accused in a dowry‑death case (Sakri P.S. Case No. 151 of 2025), sought anticipatory bail fearing arrest under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the deceased was killed for dowry, implicating the co‑accused and, by general and omnibus allegation, the petitioners. The petitioners contended they were innocent and had no involvement in the crime. The State opposed the bail, but the Court noted the lack of specific evidence against the petitioners and the nature of the general allegation. Accordingly, the Court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC, without expressing any opinion on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the CrPC and Section 482 of the Bharatiya Nyaya Sanhita despite a general and omnibus allegation.
- Whether the petitioners are likely to be involved in the alleged dowry‑death offence under Sections 80, 61(2) and 3(5) of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482, 61(2), 80
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- general allegation
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38627 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- SAKRI District- Madhubani
======================================================
1. Md. Tanveer Sah @ Md. Tanweer Shah S/o- Late Md. Nayeem Shah
Resident of Village- Birsar, P.S.- Sakri, District- Madhubani.
2. Rehana Khatoon Wife of Lakhan Shah Resident of Village- Birsar, P.S.-
Sakri, District- Madhubani.
3. Md. Sarfaraz @ Sarfaraz Shah Son of Md. Tauhid Shah Resident of Village-
Birsar, P.S.- Sakri, District- Madhubani.
4. Kaseeda Khatoon @ Ginni Khatoon @ Ghunni Khatoon Wife of Md. Tahid
Shah @ Tauhid Shah Resident of Village- Birsar, P.S.- Sakri, District-
Madhubani.
5. Umera Khatoon @ Umri Khatoon Wife of Arif Shah Resident of Village-
Birsar, P.S.- Sakri, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
For the State : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Sakri P.S. Case No. 151 of 2025 instituted under Sections
80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the deceased was
killed by the accused persons for demand of dowry.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.38627 of 2026(2) dt.17-06-2026
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this case. Co-accused Md. Nehal Sah is the husband of the
deceased, and the petitioner no. 1 is the brother; petitioner no. 2
is the Bhabhi(sister-in-law); petitioner no. 3 is the son of the
cousin brother; petitioner no. 4 is cousin Bhabhi and petitioner
no. 5 is the sister of the aforsaid co-accused Md. Nehal Sah.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. It has been submitted by learned counsel for the
petitioners that there is general and omnibus allegation against
these petitioners and the petitioners are not involved in the
crime.
7. Considering the relationship of the present
petitioners and the fact that there is general and omnibus
allegation against them, this application is allowed.
8. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, 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 Chief
Judicial Magistrate, Madhubani/ concerned Court below in
connection with Sakri P.S. Case No. 151 of 2025, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Patna High Court CR. MISC. No.38627 of 2026(2) dt.17-06-2026
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Code of Criminal Procedure, 1973.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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