Patna High Court
Mohan SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioners as the allegations were general and lacked specific evidentiary support.
Summary
The petitioners, Mohan Sada and his sons Ram Kumar Sada and Ajay Sada, were named in an FIR (Sursand PS Case No. 446 of 2024) under Sections 80(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023, for allegedly causing the death of an informant's married daughter over a dowry demand for a motorcycle. The petitioners contended that the allegation was vague, that the deceased had committed suicide following a domestic quarrel, and that the case was fabricated by family members and villagers to harass them. The Additional Public Prosecutor opposed bail, arguing the seriousness of the charge. The court examined the nature of the allegations, the relationship of the petitioners as in‑laws, and the lack of specific evidence linking them to the death. Relying on the provisions of Section 438(2) of the CrPC and Section 482(2) of the BNS, the court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC in a case registered under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioners constitute a specific charge or are merely a general, omnibus accusation.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- dowry death
- false case
- in‑laws
- Criminal Procedure Code
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40839 of 2026
Arising Out of PS. Case No.-446 Year-2024 Thana- SURSAND District- Sitamarhi
======================================================
1. Mohan Sada, Son of Dahaur Sada
2. Ram Kumar Sada,
3. Ajay Sada @ Ajay Kumar, both Son of Mohan Sada
All are resident of Village- Radhaur, Ward No. 06, P.S.- Sursand, District-
Sitamarhi
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
: Smt. Divya Bharti, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Sursand
P.S. Case No.446 of 2024 registered under Sections 80(2)
read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘BNS’).
3. Allegation against the petitioner is to cause
death of married daughter of informant along with co-
accused persons/family members due to non-fulfillment of
demand of dowry as raised for one motorcycle.
Patna High Court CR. MISC. No.40839 of 2026(2) dt.24-06-2026
2/3
4. Learned counsel appearing for petitioners
submits that the petitioner no.1 is father-in-law and the
petitioner no.2 and 3 are brothers-in-law of the deceased
daughter of the informant. The allegation is very much
general and omnibus in nature. The thrust of allegation is
available against husband. It is submitted further that the
daughter of the informant was a short-tempered lady and
out of domestic quarrel, committed suicide. It is pointed out
that the occurrence was reported to the informant
whereafter he participated in the last rites of his deceased
daughter but after passing of four days, upon instigation of
family members/co-villagers, the present false case was
lodged implicating entire family members just to harass
them.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact, as petitioners are in-laws, facing general
and omnibus allegation qua demanding dowry, accordingly,
all above-named three petitioners are directed to be released
on bail, in the event of their arrest or surrender in the court
Patna High Court CR. MISC. No.40839 of 2026(2) dt.24-06-2026
3/3
below within a period of four weeks, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned Sub-divisional Judicial Magistrate Pupri, Sitamarhi in
connection with Sursand P.S. Case No.446 of 2024, subject
to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
Sanjeet/-
U T
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