Created by Fuzzy Cloud

Patna High Court

Jhameli SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Jhameli Sah, father‑in‑law of the deceased, sought regular bail in a dowry‑death case registered under Sections 80, 103(1) and 3(5) of the BNS. The prosecution alleged that the victim, Poonam Devi, was killed by her in‑laws for not fulfilling a dowry demand of a motorcycle, while the petitioner contended that the death was a suicide by hanging as per the post‑mortem report. The petitioner had been in judicial custody since 10‑08‑2025, and the husband, who is the main accused, was already in custody. The State opposed the bail application. After considering the facts, the court decided to enlarge bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case registered under Sections 80, 103(1) and 3(5) of the BNS.

Legislation cited

  • BNS — s. 103(1), 3(5), 80

Subjects

  • dowry death
  • regular bail
  • BNS
  • Section 80
  • Section 103(1)
  • Section 3(5)
  • suicide claim
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88735 of 2025
                   Arising Out of PS. Case No.-340 Year-2025 Thana- LAURIA District- West Champaran
                 ======================================================
                 Jhameli Sah S/o Late Mahadev Sah R/o Vill- Mishra Tola, Ward No. 13, P.S.-
                 Lauriya, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 80, 103(1)

                   and 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that Poonam

                   Devi (deceased) was married on 18.02.2020 to one Dhananjay

                   Sah. It is further alleged that she was subjected to cruelty on

                   account of non-fulfillment of dowry demand of motorcycle. It is

                   further alleged that she has been killed by her in-laws.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is father-in-law and from perusal of the post-mortem

                   report it will transpire that the cause of death is Asphyxia due to

                   hanging. It has been submitted that actually the victim has
            Patna High Court CR. MISC. No.88735 of 2025(2) dt.06-01-2026
                                                        2/2




                      committed suicide. Learned counsel for the petitioner has

                      submitted that the main thrust of allegation is against the husband

                      and he is already in custody. Learned counsel for the petitioner has

                      submitted that the petitioner is in judicial custody since

                      10.08.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Lauriya P.S. Case No. 340 of 2025 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned ACJM 1 st Bettiah,

                      West Champaran.



                                            (Ashok Kumar Pandey, J)
durgesh/-

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.