Created by Fuzzy Cloud

Patna High Court

Rajesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.