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Patna High Court

Shiv Pujan Sah @ Shiva Pujan SahversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




          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
                                                        3/3




                      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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