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Patna High Court

Larai SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bond and sureties, within a four‑week period.

Summary

The petitioners, Larai Sah and Vivek Kumar, were named in an FIR for the alleged dowry‑related death of a woman, the sister of an informant, under Sections 80, 238(a) and 3(5) of the Bhartiya Nyay Sanhita, 2023. They contended that they are the father‑in‑law and brother‑in‑law of the deceased, lived separately from her and her husband, and had no involvement in the alleged crime. The petitioners also highlighted that the mother‑in‑law, another accused, had already been granted anticipatory bail, and that the husband of the deceased was already in custody. The State opposed the grant of anticipatory bail. Considering the factual submissions, the clean antecedent of the petitioners, and the prior bail to the mother‑in‑law, the Court ordered that the petitioners be granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties of equal amount, to be filed within four weeks, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in view of the allegations of dowry death.
  • Whether the prior grant of anticipatory bail to a co‑accused (the mother‑in‑law) influences the bail application of the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • Bhartiya Nagarik Suraksha Sanhita
  • Section 438
  • Section 482
  • family relations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41978 of 2026
                     Arising Out of PS. Case No.-222 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Larai Sah Son of Chulahae Saha Resident of Village- Kadamwa, P.S.-
                  Ghorasahan, District- East Champaran
           2.     Vivek Kumar Son of Larai Sah @ Larai Saha Resident of Village-
                  Kadamwa, P.S.- Ghorasahan, District- East Champaran
                                                                            ... ... Petitioners
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :      Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Ghorasahan P.S.

                   Case No. 222 of 2025 registered for the offences punishable

                   under Sections 80, 238(a) & 3(5) of the Bhartiya Nyay Sanhita,

                   2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, petitioners and their family members

                   alleged to cause death of sister of the informant due to non-

                   fulfillment of demand of dowry.

                             4. Learned counsel appearing on behalf of the petitioners

                   submitted that petitioner no.1 is father-in-law and petitioner no.

                   2 is brother-in-law and they were living separately much before
Patna High Court CR. MISC. No.41978 of 2026(2) dt.02-07-2026
                                            2/3




          the alleged occurrence from the deceased and her husband and

          even they had no connection with their daily and domestic

          affairs.

                     5. It is submitted that with same allegation, mother-in-

          law of the deceased, who is also one of the accused in this case,

          has already been granted anticipatory bail by one of the learned

          coordinate Bench of this Court through Cr. Misc. No. 21995 of

          2026 dated 15.04.2026.

                     6. It is arguing further that the thrust of allegation is

          available against the husband of the deceased, who is already in

          custody since 03.11.2025. Petitioners claimed clean antecedent.

                     7. Learned A.P.P. for the opposes the prayer for

          anticipatory bail of the petitioners.

                     8. In view of the aforesaid factual submissions and by

          taking note of the fact as both petitioners are in-laws claimed to

          live separately with the deceased and her husband, coupled with

          the fact that the mother-in-law of the deceased has already been

          granted anticipatory bail, as discussed aforesaid, accordingly,

          both above-named petitioners, who claimed clean antecedent, in

          the event of their arrest/surrender within a period of four weeks

          from this order, are directed to be enlarged on bail on furnishing

          of bail bond of Rs.10,000/- (ten thousand only) with two
           Patna High Court CR. MISC. No.41978 of 2026(2) dt.02-07-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of learned

                     S.D.J.M., Sikrahana, East Champaran at Dhaka/concerned court

                     in connection with Ghorasahan P.S. Case No. 222 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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