Patna High Court
SK. Kalam @ Sheikh KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioners as the accusations were general, they have clean antecedents, and there is insufficient material to justify denial of bail.
Summary
The petitioners, father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest under Sections 80(2) and 3(5) of the B.N.S. in a dowry‑death case. The prosecution alleged that the petitioners, along with others, tortured the victim for dowry and were involved in her murder, though the deceased was claimed to have committed suicide. The petitioners contended they were innocent, had no involvement in the victim’s affairs, and the informant was not an eye‑witness; the allegations were described as general and omnibus. The State opposed the bail. The High Court, noting the lack of specific accusations, the petitioners’ clean antecedents, and that the primary accused husband was already in custody, allowed the anticipatory bail with conditions under Section 482(2) of the B.N.S.S. The order directed bail‑bond of Rs.10,000 with two sureties each, subject to the Sub‑Divisional Judicial Magistrate’s satisfaction.
Issues considered
- Whether the petitioners can be granted anticipatory bail under Section 482(2) of the B.N.S.S. in view of the allegations under Sections 80(2) and 3(5) of the B.N.S.
- Whether the allegations against the petitioners are specific enough to deny bail
Legislation cited
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 3
- Section 482
- clean antecedents
- general allegation
- suicide
- father‑in‑law
- mother‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84357 of 2025
Arising Out of PS. Case No.-582 Year-2025 Thana- RAMNAGAR District- West Champaran
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1. SK. Kalam @ Sheikh Kalam S/O Sheikh Haqiq R/O Vill.- Mathiya Ward
no.12, P.S.- Ramnagar, Dist.- West Champaran
2. Saleha Khatoon W/O S.K. Kalam @ Sheikh Kalam R/O Vill.- Mathiya Ward
no.12, P.S.- Ramnagar, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mozammil Khan S/O late Amin Khan R/O Vill.- Dainmarawa, P.S.-
Ramnagar, Dist.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Shahbaj Alam, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 80(2) and
3(5) of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his daughter was solemnized
with co-accused Sheikh Arman on 04.03.2023 as per Muslim
rites and rituals and thereafter, all the F.I.R. named accused
persons, including these petitioners, committed torture and
harassment with the victim due to non-fulfillment of demand of
Patna High Court CR. MISC. No.84357 of 2025(2) dt.06-01-2026
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dowry and subsequently, all the accused persons committed
murder of the victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because they happen to be father-
in-law and mother-in-law of the deceased. Petitioners are
separate in mess and property and have got no concern with the
affairs of the deceased and her husband. Informant is not an eye
witness of the alleged occurrence. Allegation of demand of
dowry is general and omnibus and no specific accusation of
overt act has been alleged against these petitioners. As a matter
of fact, the deceased herself committed suicide. Thrust of
accusation is against husband of deceased who is already in
custody since 15.11.2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
Patna High Court CR. MISC. No.84357 of 2025(2) dt.06-01-2026
3/3
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Bagaha, West Champaran in connection
with Ramnagar P.S. Case No. 582 of 2025, subject to condition
as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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