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Patna High Court

Anil SahversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Anil Sah, was arrested in connection with a 2014 dowry‑death case (PS Marhowrah Case No. 37) under IPC sections 304(b), 201 and 34. He applied for bail, claiming a clean record, that the FIR was delayed and fabricated, and that the deceased had committed suicide. The State opposed bail, noting that an anticipatory bail application had been rejected by a coordinate bench of the Patna High Court in 2015 (Cr. Misc. No. 864 of 2015) and that the petitioner had only surrendered recently. The learned judge examined the seriousness of the offences, the prior denial of anticipatory bail, and the lack of any compelling reason to release the accused. Concluding that the case was not suitable for bail, the court refused the petitioner's bail application.

Issues considered

  • Whether bail should be granted to the accused in a dowry‑death case under IPC sections 304(b), 201 and 34.
  • Whether the prior rejection of anticipatory bail and the circumstances of the FIR preclude the grant of regular bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC 304B
  • anticipatory bail
  • Criminal Procedure Code
  • Patna High Court
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42773 of 2026
                      Arising Out of PS. Case No.-37 Year-2014 Thana- MADHAURAH District- Saran
                 ======================================================
                 Anil Sah S/O Harichandra Sah Resident Of Village- Atta, Police Station-
                 Marhowrah, District-Saran

                                                                                 ... ... Petitioner/s
                                                       Versus


                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Shambhawi, Advocate
                 For the Opposite Party/s :      Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                      Heard Ms. Shambhawi, learned counsel for the

                   petitioner and Mr. Humayou Ahmad Khan, learned APP for the

                   State.

                                   2. Petitioner seeks bail, who is in custody since

                   29.04.2026, in connection with Marhowrah P.S. Case No. 37 of

                   2014, F.I.R. dated 23.02.2014 registered for the offences

                   punishable under Sections 304(B)/201/34 of the Indian Penal

                   Code.

                                  3. Allegation against the petitioner is of committing

                   torture and caused death due to non-fulfillment of demand of

                   dowry.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.42773 of 2026(2) dt.06-07-2026
                                            2/3




          implicated in the present case. She further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          In fact, the deceased has committed suicide herself and the

          petitioner has no role at all in the present occurrence. She

          further submits that the date of occurrence as alleged in the

          F.I.R. is 20.02.2014 but the present F.I.R. was instituted on

          23.02.2014 after delay of three days without giving any

          explanation of delay.

                        5. Learned APP for the State, on the other hand,

          vehemently opposed the prayer for bail of the petitioner and

          submits that the present F.I.R. was instituted in the year 2014

          and anticipatory bail was rejected by a Coordinate Bench of this

          Court on 14.05.2015 passed in Cr. Misc. No. 864 of 2015 and

          thereafter the petitioner has not approached any competent court

          of law when the process under Section 82+ 83 of the Cr. P.C.

          was initiated against the petitioner and thereafter he has

          surrendered on 29.04.2026.

                        6. Considering the aforesaid facts and circumstances

          of the case, this is not a fit case for grant of bail to the petitioner

          and hence, I am not inclined to enlarge the petitioner on bail in

          connection with Marhowrah P.S. Case No. 37 of 2014 pending
               Patna High Court CR. MISC. No.42773 of 2026(2) dt.06-07-2026
                                                           3/3




                         in the Court of learned Chief Judicial Magistrate, Saran at

                         Chapra.

                                          7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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