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Patna High Court

Mohan SadaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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