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Patna High Court

Parmesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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