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Patna High Court

Md. Tanveer Sah @ Md. Tanweer ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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