Patna High Court
Sujit Kumar @ Sujit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was granted to the petitioner on the ground that no specific allegation was made against him and he has a clean antecedent.
Summary
The petitioner, Sujit Kumar, was named in an FIR (Mahua P.S. Case No. 961 of 2025) for alleged involvement in a dowry‑related death under Sections 80 and 3(5) of the B.N.S. He contended that he was falsely implicated solely because he is the maternal uncle of the husband of the deceased and that no specific allegation of assault or dowry demand was made against him. The petitioner, who has a clean antecedent, applied for anticipatory bail, which was opposed by the informant and the State. The Court examined the lack of direct evidence linking the petitioner to the alleged offence and his clean record. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of specific allegations against him.
- Whether the petitioner’s familial relationship to the accused husband suffices to sustain the charge under Sections 80 and 3(5) of the B.N.S.
- Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the alleged dowry‑death offence.
Legislation cited
- B.N.S. — s. 3(5), 80
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- false implication
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89608 of 2025
Arising Out of PS. Case No.-961 Year-2025 Thana- MAHUA District- Vaishali
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Sujit Kumar @ Sujit Singh Son of Shiv Shankar Singh @ Shiva Shankar
Sinha Resident of village - Baghi Harnarayan, P.S.- Maniyari, District -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Informant : Mr. Akshay Tripathi, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel for
the petitioner, Mr. Akshay Tripathi, learned counsel for the
Informant and Mr. Nagendra Prasad, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Mahua P.S. Case No. 961 of 2025, F.I.R. dated
21.09.2025 registered for the offences punishable under
Sections 80, 3(5) of the B.N.S.
3. Allegation against the petitioner is of committing
torture and caused death due to non-fulfillment of demand of
dowry .
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. Although, the petitioner is named
in the F.I.R. but from perusal of the F.I.R. it appears that there is
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no specific allegation of any assault or overt act or demand of
dowry attributed against the petitioner and petitioner has been
made accused merely on the ground that he is maternal uncle of
the husband of the deceased namely Rajveer @ Ravi and
husband of the deceased namely Rajveer @ ravi has already
surrendered before the learned Court below on 27.11.2025 and
he is in judicial custody since then.
5. Learned counsel for the Informant as well as
learned APP for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case and the fact that the petitioner having clean antecedent and
there is no specific allegation against the petitioner and
petitioner has been made accused merely on the ground that he
is maternal uncle of the husband of the deceased, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
S.J.-V-cum-A.C.J.M. IV, Vaishali, Hajipur in connection with
Mahua P.S. Case No. 961 of 2025, subject to the conditions as
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laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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