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Patna High Court

Raja SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on the facts, the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS.

Summary

Petitioner Raja Sah sought anticipatory bail fearing arrest in a case (Chakmehshi P.S. Case No. 153 of 2023) alleging offences under Sections 304B, 201/34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act for alleged dowry‑related murder. The prosecution alleged that the petitioner participated in torturing and killing the deceased over dowry demands. The petitioner’s counsel contended his innocence, highlighting his family background and financial gifts to his children. The State opposed the bail application. After considering the facts and submissions, the court allowed the anticipatory bail, directing the petitioner to furnish bail bonds and sureties subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under IPC and the Dowry Prohibition Act.
  • Whether the allegations under Sections 304B, 201/34 IPC and Section 3 DP Act justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • murder
  • Indian Penal Code
  • Dowry Prohibition Act
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62786 of 2024
                   Arising Out of PS. Case No.-153 Year-2023 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Raja Sah S/O Late Rajendra Sah R/O Village- Ghograha Ward No.-03, P.S-
                 Chakmehshi, Distt.- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Maksudan Sah S/O-Late Mahaveer Sah, R/V- Dekulidham, PS- Biraul, Dist-
                 Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar No1
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   23-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Chakmehshi P.S. Case No. 153 of 2023 registered for offences

                   under Sections 304(B), 201/34 of the Indian Penal Code and

                   Section ¾ of the DP Act.

                                3. As per the prosecution case, the petitioner and

                   others are accused of torturing and killing the deceased due to

                   non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner had two sons and one
            Patna High Court CR. MISC. No.62786 of 2024(5) dt.23-02-2026
                                                        2/2




                      daughter. The learned counsel also submits that the petitioner

                      had gifted certain land to his two sons and had deposited a sum

                      of Rs. 1,50,000/- in the name of his daughter under the Sukanya

                      Samriddhi Yojana Scheme.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the submissions of the parties, this application for

                      anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, Samastipur/concerned Court below in

                      connection with Chakmehshi P.S. Case No. 153 of 2023 subject

                      to the conditions as laid down under Section 482(2) of the

                      BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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