Patna High Court
Hari Narayan Sah @ Hari Narayan Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, Hari Narayan Sah and Satrudhan Sah, applied for anticipatory bail fearing arrest in a dowry‑death investigation (Shikarpur P.S. Case No. 737 of 2025) involving offences under Sections 80, 238 and 3(5) of the B.N.S., 2023. The prosecution alleged that the informant's daughter, married to Nitesh Kumar, was missing and possibly murdered, with the petitioners named as accused. The petitioners contended they are merely agnates of Nitesh Kumar, have no involvement in the matrimonial dispute, and possess clean antecedents. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., granted anticipatory bail subject to strict conditions, including surety, presence in court, and verification of criminal antecedents. The application was consequently disposed of.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the CrPC in view of the allegations under the B.N.S., 2023.
- Whether the petitioners, being agnates of the alleged perpetrator, can be held liable for the alleged dowry‑death.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Section 438 CrPC
- Section 482 CrPC
- B.N.S. 2023
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85485 of 2025
Arising Out of PS. Case No.-737 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
1. Hari Narayan Sah @ Hari Narayan Kumar Prasad Son of Rajalal Sah @
Sajalal Sah R/o Village - Lachhanauta, Police station - Gaunaha, District -
West Champaran.
2. Satrudhan Sah @ Satrudhan Prasad Son of Late Ram Dayal Sah R/o Village
- Lachhanauta, Police station - Gaunaha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Shikarpur P.S. Case No. 737 of 2025 registered for the
offences under Sections 80, 238 and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that his daughter was married to one Nitesh Kumar and
thereafter she went to her matrimonial home. It has further been
alleged that subsequently the daughter of the informant
complained of torture on account of demand of dowry. It has
lastly been alleged that when the informant went to the house of
the said Nitesh Kumar, who was residing in a rented premises,
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he could not find his daughter and therefore has raised
apprehensions that his daughter had been murdered by the
accused persons including the petitioners.
4. Learned counsel appearing on behalf of the
petitioners submit that the petitioners are not members of the
immediate family of the accused Nitesh Kumar and in fact are
his agnates and have no concern whatsoever with the
matrimonial affairs of Nitesh Kumar, husband of the deceased.
It has further been submitted that the allegations levelled in the
FIR are general and omnibus in nature against all the accused
persons and that as per the own version of the informant, the
accused Nitesh Kumar was residing in a rented house belonging
to Sanjay Kumar and therefore, the petitioners cannot be
saddled with any liability in connection with the alleged death
of the daughter of the informant. It has lastly been submitted
that the husband of the deceased is already in custody and that
the petitioners carry clean antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
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before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Shikarpur P.S. Case
No. 737 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
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any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
disposed of.
(Sourendra Pandey, J)
aditya/-
U
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