Patna High Court
Sakichan RamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to petitioner no.1 subject to a Rs.10,000 bond, two sureties and compliance with Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners sought bail in a dowry‑death case (Dhaka P.S. Case No. 423 of 2025) where they were alleged to have been involved in the killing of the deceased. Petitioners 2 and 3 withdrew their bail application and were directed to surrender within four weeks and to apply for regular bail. Petitioners 1, the father‑in‑law of the deceased, faced a general allegation and applied for anticipatory bail. The Court allowed bail for petitioner 1, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order also directed surrender within four weeks and set the bail terms.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.1 under Section 438(2) CrPC in view of the dowry‑death allegations.
- Whether the conditions imposed under Section 482 of the BNSS are sufficient to justify bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- dowry death
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5322 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- DHAKA District- East Champaran
======================================================
1. Sakichan Ram S/o Mukhlal Ram Resident of village - Shyambakhari, P.S -
Dhaka, District - East Champaran, Motihari
2. Vina Devi W/o Sakichan Ram R/o Village - Shyambakhari, P.S - Dhaka,
District - East Champaran, Motihari
3. Alok Ram @ Alok Kumar S/o Sakichan Ram R/o Village - Shyambakhari,
P.S - Dhaka, District - East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Dhaka P.S. Case No. 423 of 2025 registered for
the offence under Sections 80, 238, 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
accused of killing the deceased for demand of dowry.
4. Learned counsel for the petitioners, at the very
outset, prays for and is permitted to withdraw this application on
behalf of petitioner nos. 2 and 3.
5. Accordingly, this application is dismissed as
Patna High Court CR. MISC. No.5322 of 2026(2) dt.24-02-2026
2/2
withdrawn with regard to petitioner nos. 2 and 3. They are
directed to surrender within four weeks from today and pray for
regular bail.
6. So far as petitioner no. 1 is concerned, he is the
father-in-law of the deceased and there is general and omnibus
allegation him.
7. Considering the allegation levelled against the
petitioner no. 01, this application is allowed with regard to him.
8. Let the petitioner no. 01, above named, in the
event of his arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East
Champaran/concerned Court below in connection with Dhaka
P.S. Case No. 423 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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