Patna High Court
Dinanath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to conditions, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioners, Dinanath Sah, his wife Pramila Devi and daughter‑in‑law Kajal Kumari, applied for anticipatory bail fearing arrest in a case registered under Sections 80, 238, 61(2) and 3(5) of the BNS, 2023 relating to alleged dowry demands, torture and the death of Rita Kumari. They contended that the allegations were vague, the FIR was lodged more than five months after the incident, and that the death was natural, supported by a death certificate and cremation photographs. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs.10,000 with two sureties each, and cooperate with the investigation, invoking its inherent powers under Section 482(2) of the BNSS. The order also warned that bail could be cancelled if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the delay in filing the FIR and the alleged natural death of the victim affect the merit of the bail application.
- Whether the petitioners are likely to cooperate with the investigation, justifying the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- dowry harassment
- false implication
- delay in FIR
- Section 482
- criminal procedure
- natural death
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4626 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Dinanath Sah Son of Shiv Sah R/o Village - Samera, P.S. - Kalyanpur, Dist. -
East Chamaparan.
2. Pramila Devi Wife of Dinanath Sah R/o Village - Samera, P.S. - Kalyanpur,
Dist. - East Chamaparan.
3. Kajal Kumari D/o Guddu Kumar Sah R/o Village - Samera, P.S. -
Kalyanpur, Dist. - East Chamaparan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80, 238,
61(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case and petitioner nos. 2 and
3 are women and the informant alleges that her daughter was
married to Mantosh in the year 2023 and after marriage, the
accused persons were demanding a Swift car and on non-
fulfillment of the dowry demand, her daughter was tortured and
Patna High Court CR. MISC. No.4626 of 2026(4) dt.19-03-2026
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Mantosh used to burn her with cigarette, it is next alleged that
on 13.03.2025, her daughter was killed and on information
when she reached the place of occurrence, the accused persons
were absconding and her daughter’s body was missing.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant being father-in-law, mother-in-law and sister-in-
law (bhabhi). It is next submitted that the date of occurrence is
13.03.2025 and a complaint case came to be instituted more
than five months, thereafter on 28.08.2025 based on which the
instant FIR was instituted on 15.09.2025. It is further submitted
that allegation of demand of dowry is general and omnibus in
nature. It is further submitted that thrust of the allegation of
torture is against the husband and as far as petitioners are
concerned, the allegation against them are general and omnibus
in nature. It is next submitted that though it is alleged that
victim was killed and her body was missing, but then the
informant along with her family members had participated in
the cremation. It is next submitted that death of the victim was a
natural death and as such, the death certificate of the deceased
(Rita Kumari) was issued by the authorities, as would manifest
from Annexure P/4 to the supplementary affidavit. It is also
Patna High Court CR. MISC. No.4626 of 2026(4) dt.19-03-2026
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submitted that even Shradh ceremony of the victim was
performed as would manifest from the photographs annexed as
Annexure P/5 to the supplementary affidavit. It is further
submitted that allegations also do not inspire confidence for the
reason that complaint case came to be instituted more than five
months after the death of the victim. It reiterated and submitted
that had it not been a case of natural death, in that event the
doctors would not have certified the death based on which death
certificate was issued by the Department of Planning and
Development, Government of Bihar. It is also submitted that
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Kalyanpur P.S. Case No. 346 of 2025 subject to
Patna High Court CR. MISC. No.4626 of 2026(4) dt.19-03-2026
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the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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