Patna High Court
Rajesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners have a prima facie case for bail and are entitled to pre‑arrest bail.
Summary
The petitioners, Rajesh Sah and Ashok Sah, were accused in a dowry‑related death case where the daughter of an informant was allegedly killed. They contended that the death was a suicide resulting from mental health issues and that they, being the deceased’s paternal uncle (Bhaisur) and living separately, had no involvement. The petitioners, who have clean antecedents, sought pre‑arrest bail under Section 80 of the BNS, while the State opposed the relief. The Court examined the FIR, the relationship of the petitioners to the deceased, and their clean record, and concluded that they had made out a prima facie case for bail. Accordingly, the Court ordered their release on pre‑arrest bail subject to a bond and sureties, and directed the District Court to verify any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 80 of the BNS in the dowry‑death case
- Whether the circumstances of the case, including the petitioners’ relationship to the deceased and their clean antecedents, justify granting bail
Legislation cited
Subjects
- pre‑arrest bail
- dowry death
- Section 80
- Section 482
- Bihar criminal procedure
- clean antecedents
- FIR
- suicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87044 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
1. Rajesh Sah Son of late Ram Swaroop Sah
2. Ashok Sah Son of Late Ram Swaroop Sah
Both are Resident Of Village - Ujjaina, P.S. - Lakari Naviganj, DIst. -
Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel
appearing on behalf of the petitioners and Mr. Md. Ataur
Rahman, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Basantpur P.S. Case No. 123 of 2025 registered for the
offence(s) punishable under Sections 80 of the BNS.
3. As per the allegation made in the FIR, the
petitioners along with other accused persons have killed the
daughter of the informant, due to non-fulfillment of demand of
dowry.
4. Learned counsel appearing on behalf of the
petitioners submitted that due to strained matrimonial
Patna High Court CR. MISC. No.87044 of 2025(2) dt.28-01-2026
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relationship and some mental problem, the daughter of the
informant (deceased) committed suicide as would appear from
the postmortem report. Petitioners, who are close relatives of the
husband of the deceased, have been roped in a false criminal
case. Petitioners are Bhaisur of the deceased and they have no
concern with the family affairs of her husband as they are living
separately. Similarly situated co-accused has also been granted
bail by this Court vide order dated 14.10.2025 passed in Cr.
Misc. No.66682 of 2025. Petitioners have clean antecedents. On
these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that the petitioners are
Bhaisur of the deceased and they have no concern with the
family affairs of her husband as they are living separately. I am
of the opinion that petitioners, who have clean antecedents,
have, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.87044 of 2025(2) dt.28-01-2026
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surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate, 1st Siwan / Concerned Court in connection with
Basantpur P.S. Case No. 123 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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