Patna High Court
Jhameli SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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