Patna High Court
Shiv Pujan Sah @ Shiva Pujan SahversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to petitioners 3‑6 subject to bond and conditions, and directed petitioners 1‑2 to surrender and seek regular bail.
Summary
The petitioners, six residents of Shyampur, sought pre‑arrest bail in a dowry‑death case (PS Case No.275 of 2025) alleging offences under Sections 115(2), 126(2), 80, 61(2), 85 and 3(5) of the Bihar Narcotic and Substance (BNS) Act, 2023 and Section ¾ of the Dowry Prohibition Act. The FIR states that Mira Kumari was married to Deepak Kumar, after which the accused allegedly tortured her for dowry and eventually strangulated her, leading to her death. Deepak Kumar had already surrendered and was in judicial custody. The State opposed bail, while the petitioners argued that the husband’s surrender and the alleged suicide due to depression mitigated the need for detention. The High Court granted pre‑arrest bail to petitioners 3‑6 on furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC/Section 482(2) BNSS, and directed petitioners 1‑2 to surrender and seek regular bail, ordering the district court to hear their applications the same day. The application was thereafter disposed.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in a dowry‑death case under the BNS Act, 2023 and the Dowry Prohibition Act.
- Whether the provisions of Section 438(2) CrPC and Section 482(2) BNSS are applicable to grant bail in the present circumstances.
Legislation cited
- Bihar Narcotic and Substance (BNS) Act, 2023 — s. 115(2), 126(2), 3(5), 61(2), 80, 85
- Bihar Negotiable Substances (BNSS) Act — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Dowry Prohibition Act — s. ¾
Subjects
- dowry death
- pre‑arrest bail
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87768 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Shiv Pujan Sah @ Shiva Pujan Sah S/o Bhutali Sah
2. Shanti Devi W/o Shiv Pujan Sah @ Shiva Pujan Sah
3. Rupesh Kumar
4. Nikesh Kumar
Both sons of Shiv Pujan Sah @ Shiva Pujan Sah
5. Vijay Sah S/o Laxman Sah
6. Yugal Sah @ Yugal Kishore Prasad S/o Ramanand Sah. All are resident of
Village - Shyampur, P.S. - Adapur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
Adapur P.S.Case No.275 of 2025, registered for the offences
punishable under Sections 115(2), 126(2), 80, 61(2), 85 and
3(5) of BNS, 2023 and Sections ¾ of D.P. Act.
3. As per the allegation made in the FIR, the marriage
of the daughter of the informant, namely, Mira Kumari
(deceased) was solemnized with co-accused Deepak Kumar on
09.03.2019 but after the marriage, the petitioners and the co-
Patna High Court CR. MISC. No.87768 of 2025(2) dt.28-01-2026
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accused started torturing and assaulting her due to non-
fulfilment of the demand of the dowry and on 15.07.2025, the
informant came to know that the accused persons have
strangulated her.
4. Learned counsel appearing on behalf of the
petitioners submitted that the husband of the deceased namely
Deepak Kumar has himself surrendered before the learned
district court on 06.11.2025 and since then he is in judicial
custody. Learned counsel further submitted that due to severe
depression and anxiety, the deceased has committed suicide.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the
parties, as well as, considering the nature of allegation made in
the FIR, the petitioners no.3 (Rupesh Kumar), 4. Nikesh
Kumar), 5. (Vijay Sah) and 6. (Yugal Sah @ Yugal Kishore
Prasad) are directed to be released on pre-arrest bail, in the
event of their arrest or surrender before the district court within
a period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
class, Raxaul, East Champaran, Motihri in connection with
Patna High Court CR. MISC. No.87768 of 2025(2) dt.28-01-2026
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Adapur P.S.Case No.275 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./Section 482(2) of
BNSS.
7. So far as petitioners no.1. (Shiv Pujan Sah @ Shiva
Pujan Sah) and 2. (Shanti Devi) are concerned, considering the
nature of offence as alleged against them, I find it proper that if
the petitioners so advised, they may surrender before the learned
district court and seek regular bail.
8. The learned District Court is directed to consider
the bail application of the petitioners no.1 and 2 on the same day
and pass necessary order on the basis of materials available on
the record in accordance with law.
9. With the above observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
chn/-
U T
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