Patna High Court
Suman Singh @ Suman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Suman Singh and Abha Devi, sought anticipatory bail fearing arrest in a murder case (Govindganj PS Case No.134 of 2025) filed under Sections 80(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners were involved in the killing of the informant’s sister due to a dowry dispute, while the petitioners contended they were innocent, being merely the victim’s in‑laws with no criminal antecedent and that the victim had died by suicide. The State opposed the bail application. After hearing both sides, the Court considered the lack of direct evidence against the petitioners and their willingness to cooperate. It ordered that, if arrested or surrendered within six weeks, the petitioners be released on bail with a bond of Rs 10,000 each and two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order effectively granted anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023.
- Whether the allegations of involvement in the murder are sufficient to deny bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- dowry dispute
- murder
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78358 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Suman Singh @ Suman Kumar Singh S/o Bindeshwari Singh Resident of
Village - Jhakhra, P.S - Govindganj, District - East Champaran
2. Abha Devi W/o Suman Singh Resident of Village - Jhakhra, P.S -
Govindganj, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Govindganj P.S. Case No. 134 of 2025, instituted under
Sections 80(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, sister of the informant
was married with co-accused Deepak Singh @ Seru Singh and due
to non-fulfillment of dowry demand, accused persons including
the petitioners committed murder of the sister of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Petitioners are father-in-law and mother-in-law of the victim
and were living separately from the deceased and her husband.
Petitioners have no concern with the family affair of the victim
Patna High Court CR. MISC. No.78358 of 2025(2) dt.05-01-2026
2/2
and her husband. There is general and omnibus allegation against
the petitioners. Victim was not happy with the marriage and died
due to suicide. Husband of the victim is already in judicial
custody. Petitioners have no criminal antecedent. Petitioners
undertake to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submission of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioners be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned C.J.M. Motihari,
East Champaran in connection with Govindganj P.S. Case No. 134
of 2025, subject to the conditions laid down in Section 482 (2) of
the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi
U T
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