Patna High Court
Parmesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Parmesh Sah was arrested in connection with a dowry‑death case (Araria R.S. P.S. Case No. 82 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with co‑accused, tortured and killed the deceased for non‑payment of dowry. The petitioner contended that he was a distant relative, had no involvement in the family affairs, and was falsely implicated, having no prior criminal record and having been in custody since 1 August 2025. The State opposed bail. Considering the lack of specific incriminating material against the petitioner, the custody of the deceased’s husband, and the petitioner’s clean antecedents, the Court granted bail on a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts of false implication and lack of specific evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- false implication
- surety bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75514 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- R S P.S. District- Araria
======================================================
Parmesh Sah son of Late Ghutai Sah @ Ghutai Sah @ Bhutai Sah Resident
Of Village- Kadwa, Ward No 9, P.s.- Araria Rs, District -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Araria
R.S. P.S. Case No. 82 of 2025 instituted for the offences under
Sections 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
alongwith the other co-accused persons tortured and killed the
deceased for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not the close family member of the deceased rather
he is the distant relative and villager of the deceased. Learned
counsel for the petitioner submitted that general and omnibus
Patna High Court CR. MISC. No.75514 of 2025(3) dt.04-02-2026
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allegation has been made against the petitioner. No specific
overt act is alleged against the petitioner. Learned counsel
further submitted that petitioner is separate in mess and business
and has got no concern in the family affairs of the deceased and
her husband. Husband of the deceased is already in custody.
Charge-sheet has been submitted in this case. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 01.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, husband of the deceased being in custody, as also
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Araria R.S. P.S. Case
No. 82 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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