Patna High Court
Raja SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 201, 304B, 34
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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