Created by Fuzzy Cloud

Patna High Court

Vipin SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail, directing release on bail upon furnishing bond and compliance with conditions.

Summary

The petitioners, Vipin Sah and Priti Devi, applied for anticipatory bail after being implicated in a dowry‑related murder case (Singhwara P.S. Case No. 189 of 2025) under Sections 80, 303(2) and 61(2) of the BNS. The prosecution alleges that they, along with co‑accused, tortured and strangulated the informant’s daughter for dowry. The petitioners contend they are innocent, have no criminal record, and are merely brother‑in‑law and sister‑in‑law of the deceased, with no specific allegation against them. The State and the informant opposed bail, noting that a Section 82 proceeding under the Cr.P.C. had been initiated. Relying on the Supreme Court’s observation in Asha Dubey v. State of Madhya Pradesh that a Section 82 declaration does not bar anticipatory bail, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to cooperation with investigation and other conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted despite a pending Section 82 proceeding under the Cr.P.C.
  • Whether the material on record is sufficient to deny bail to the petitioners
  • Whether the petitioners are falsely implicated in the dowry‑death case

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • murder
  • Section 303
  • Section 80
  • Section 61
  • Section 82 CrPC
  • Section 482
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80239 of 2025
                   Arising Out of PS. Case No.-189 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
           1.     Vipin Sah son of Late sitaram sah Resident Of Village- Mahisodha, Ps- simri
                  bokhara, Dist- sitmarhi
           2.    Priti Devi @ Priti Kumari wife of Vipin Sah Resident Of Village-
                 Mahisodha, Ps- simri bokhara, Dist- sitmarhi

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, APP
                 For the Informant        :      Mr. Alok Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-01-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in connection

                   with Singhwara P.S. Case No. 189 of 2025 instituted under

                   Sections 80, 303(2) and 61(2) of the BNS.

                                3. As per the prosecution case, the petitioners along

                   with other co-accused persons tortured the daughter of the

                   informant for demand of dowry and on non-fulfillment of the

                   same, they committed the murder of the daughter of the

                   informant by strangulating her.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.80239 of 2025(2) dt.07-01-2026
                                            2/3




          case. He further submits that petitioners are brother-in-law

          (nandoshi) and sister-in-law (nanad) of the deceased who were

          living separately from the deceased and her husband. Learned

          counsel submits that there is no specific allegation against the

          petitioners. He submits that except suspicion, there is no

          material against the petitioners and the petitioners are aged

          about 24 and 23 years respectively. He further submits that the

          petitioners have no criminal antecedent and they undertake to

          cooperate in the investigation and trial.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State oppose the prayer for anticipatory bail and

          submit that proceeding under Section 82 Cr.P.C. has been

          initiated against the petitioners and petitioners are not entitled

          for anticipatory bail.

                       6. Learned counsel for the petitioners submits that the

          petitioners had filed their petition for anticipatory bail before the

          said proceeding before the Sessions Court and are not

          absconding. He further submits that the Hon’ble Supreme Court

          in Asha Dubey Vs. the State of Madhya Pradesh (Criminal

          Appeal No. 4564 of 2024) vide order dated 12.11.2024

          observed that in the event of declaration under Section 82 of the

          Cr.P.C., it is not as if in all cases that there will be a total
          Patna High Court CR. MISC. No.80239 of 2025(2) dt.07-01-2026
                                                      3/3




                    embargo on considering the application for the grant of

                    anticipatory bail.

                                 7. Considering the facts and circumstances of the

                    case, submissions of learned counsel for the parties and the

                    nature of allegation against the petitioners, 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/- (Rupees Ten Thousand) each with two

                    sureties of the like amount to each to the satisfaction of the

                    learned Additional Chief Judicial Magistrate-VII, Darbhanga in

                    connection with Singhwara P.S. Case No. 189 of 2025, subject

                    to the conditions laid down in Section 482(2) of the BNSS with

                    further condition that;

                                 (i) the petitioners shall cooperate with the further

                    investigation and shall not temper with the evidence in any

                    manner.


                                            (Sunil Dutta Mishra, J)
AjayMishra/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.