Patna High Court
Larai SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 238(a), 3(5), 80
- Criminal Procedure Code — s. 438(2)
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
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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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