Patna High Court
Vipin SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
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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
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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
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