Patna High Court
Mahendra Sah @ Mahendre SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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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