Patna High Court
Sarjun BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sarjun Bind, sought anticipatory bail fearing arrest in a dowry‑death case registered under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that the petitioner, as father‑in‑law of the deceased, was part of a conspiracy to torture and murder the victim over dowry demands, but the informant was not an eye‑witness and the allegations against the petitioner were general and omnibus. The petitioner contended he had no involvement, clean antecedents, and that the specific charge was directed at the husband, who was already in custody. The State and the informant opposed the bail. The Court, noting the lack of specific incriminating acts against the petitioner and his clean record, allowed the prayer for anticipatory bail, directing that if arrested within eight weeks he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. conditions.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑death case where the accusation against the petitioner is general and lacks specific evidence.
- Whether the petitioner’s clean antecedents and the fact that the primary accused is already in custody justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- dowry death
- false implication
- clean antecedents
- Section 80
- Section 3(5)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67084 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Sarjun Bind S/o Late Rajaram Bind Resident of Village- Elimpur, P.S
-Makhdumpur, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Singh, Advocate
For the State : Mr. Lakshmi Kant Sharma, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 80 and 3(5)
of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Tuntun Bind in the year 2018 as per Hindu rites
and rituals and thereafter, all the F.I.R. named accused persons,
including this petitioner, committed torture and harassment with
the victim due to non-fulfillment of demand of dowry and
subsequently, all the accused persons committed murder of the
Patna High Court CR. MISC. No.67084 of 2025(7) dt.22-04-2026
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victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because he happens to be father-in-law of the
deceased. Petitioner is separate in mess and property and has got
no concerns with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. Thrust of accusation is against husband of deceased
who is already in custody since 06.11.2025. Petitioner claims
clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.67084 of 2025(7) dt.22-04-2026
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petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Jehanabad in connection with Makhdumpur P.S. Case No. 222
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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