Patna High Court
Baijnath SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
Baijnath Sah was arrested in connection with the death of his wife, Juli Kumari, under Sections 80 and 3(5) of the Bihar Nativity Act, 2023, alleged to be a dowry‑related murder. The petitioner contended that the deceased had lived apart, had an out‑of‑wedlock son, and that she died by suicide through hanging, as indicated by the post‑mortem report. He asserted his innocence, lack of prior criminal record, and that he had been in judicial custody since 23 July 2025. The State opposed bail, relying on the charge‑sheet filed under Section 108 of the same Act. After hearing both sides, the court considered the possibility of suicide, the absence of other injuries, and the petitioner’s clean record, and decided to enlarge bail on a bond of Rs 10,000 with two sureties. The order directs the petitioner to appear before the Chief Judicial Magistrate of Katihar upon furnishing the bail bond.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80 and 3(5) of the B.N.S., 2023 in a case of alleged dowry‑related death.
- Whether the evidence indicating suicide (asphyxia by hanging) negates the necessity for continued custody.
- Whether the filing of a charge‑sheet under Section 108 of the B.N.S., 2023 bars the grant of bail.
Subjects
- bail
- dowry death
- suicide
- B.N.S. 2023
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84988 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- PRANPUR District- Katihar
======================================================
Baijnath Sah Son of Janak Sah R/O- Barjhalla, P.S.- Pranpur, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for
the petitioner and Mrs. Indu Kumari Srivastava, learned APP
for the State.
2. The petitioner has prayed for bail in connection
with Pranpur P.S. Case No. 56 of 2025 registered for the offence
punishable under Sections 80 and 3(5) of the B.N.S., 2023
3. The case of the prosecution in short is that one Juli
Kumari (deceased) was married to the petitioner twelve years
ago. It is alleged that she was subjected to cruelty on account of
non-fulfillment of dowry demand and she was ousted from the
house. Anyhow, she was sent to the matrimonial house. On
13.03.2025, she was killed by her in-laws. Petitioner is the
husband.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.84988 of 2025(3) dt.31-01-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
course of investigation, it has come that the deceased has a son
out of wedlock. The deceased started living with his brother-in-
law in Mumbai and lived there for seven years. When the
brother-in-law died, she came back to her matrimonial house
fifteen years ago. He also submits that the husband (petitioner)
was working outside for his livelihood. The deceased started
living in a single room, and she has committed suicide. This fact
has been admitted by few of the independent witnesses. He also
submits that from perusal of the post-mortem report, it will
transpire that the doctor conducting autopsy of the deceased has
opined that the cause of death is asphyxia as a result of hanging.
Save and except the ligature mark, no other injury was found.
He also submits that moreover in this case, police has submitted
charge-sheet under Section 108 of the BNS. He further submits
that a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 23.07.2025.
5. The application for bail is opposed by learned APP
for the State.
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3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Katihar in connection with Pranpur P.S.
Case No. 56 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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