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Patna High Court

Mahendra Sah @ Mahendre SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The prayer for anticipatory bail to the petitioners is allowed.

Summary

The petitioners, Mahendra Sah and Sabitri Devi, father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑death case registered under Sections 80(2), 238 and 3(5) of the B.N.S. The prosecution alleged that they, along with others, tortured the victim for dowry and were involved in her murder, while the petitioners contended they were innocent, had no involvement, and the deceased had actually committed suicide. The State opposed the bail, arguing the seriousness of the charges. The Court examined the general and omnibus nature of the allegations, noting the lack of specific overt acts against the petitioners and the fact that the primary accused, the husband, was already in custody. Considering these factors, the Court allowed the anticipatory bail, directing that if arrested within eight weeks, the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order effectively protects the petitioners from immediate detention.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the general nature of the allegations.
  • Whether the allegations constitute a specific charge against the petitioners sufficient to deny bail.

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • Section 482
  • B.N.S.
  • B.N.S.S.
  • father-in-law
  • mother-in-law
  • suicide
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84366 of 2025
                     Arising Out of PS. Case No.-139 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
           1.     Mahendra Sah @ Mahendre Sah Son of Vishnudev Sah Resident of Village-
                  Jilla Puranwas, P.S - Matihani, District - Begusarai
           2.    Sabitri Devi W/o Mahendre Sah @ Mahendra Sah Resident of Village- Jilla
                 Puranwas, P.S - Matihani, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Sanjay Kumar Tiwari, Advocate
                 For the State           :        Ms. Renu Kumari, 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), 238

                   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 Amresh Kumar on 14.07.2024 as per Hindu

                   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

                   dowry        and     subsequently,        all     the     accused        persons
Patna High Court CR. MISC. No.84366 of 2025(2) dt.06-01-2026
                                            2/3




          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 01.09.2025.

                       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

          and general and omnibus nature of accusation, the prayer for

          grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named
             Patna High Court CR. MISC. No.84366 of 2025(2) dt.06-01-2026
                                                         3/3




                       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 Chief Judicial

                       Magistrate, Begusarai in connection with Matihani P.S. Case

                       No. 139 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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