Patna High Court

Sahdev SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sahdev Singh, sought bail in a case registered in 2008 under Sections 498(A), 304(B), 201 read with Section 34 of the Indian Penal Code, alleging dowry‑related cruelty and murder of Babita Kumari. The prosecution alleged that the deceased was killed and her body cremated, implicating the petitioner as a brother‑in‑law, though the main accusation was against the husband. The petitioner’s counsel argued his innocence, lack of criminal antecedent, and that a co‑accused brother‑in‑law had previously been granted bail in a similar case. The State opposed the bail. After hearing both sides, the court found the petitioner’s claim of innocence credible and, considering the circumstances, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case involving serious offences under Sections 498A, 304B, 201 and 34 IPC
Whether the petitioner’s alleged involvement and the seriousness of the charges preclude bail

Legislation cited

Indian Penal Code — s. 201, 304B, 34, 498A

Subjects

bail
dowry death
IPC
Section 498A
Section 304B
Section 201
Section 34
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89833 of 2025
                       Arising Out of PS. Case No.-317 Year-2008 Thana- MAHUA District- Vaishali
                 ======================================================
                 Sahdev Singh S/O Late Ramlalit Singh Resident of Village- Bharatpur, P.S.-
                 Mahua, Dist- Vaishali.


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


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

2   15-01-2026                    Heard Mr. Sunil Kumar Singh, learned counsel for

                   the petitioner and Mr. Yogendra Kumar Singh, learned APP for

                   the State.

                                2. The petitioner has prayed for bail in connection

                   with Mahua P.S. Case No. 317 of 2008 registered for the

                   offence punishable under Sections 498(A), 304(B), 201 read

                   with Section 34 of the Indian Penal Code.

                                3. The case of the prosecution in short is that Babita

                   Kumari (deceased), the sister of the informant, was married to

                   one Raghuvir Singh, and at the time of marriage, sufficient

                   gifts were given. It is further alleged that the deceased was

                   subjected to cruelty on account of non-fulfillment of dowry

                   demand. It has further been alleged that ultimately she was
Patna High Court CR. MISC. No.89833 of 2025(2) dt.15-01-2026
                                            2/3




          killed and the dead body was cremated.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for petitioner submits that the petitioner

          is the brother-in-law of the deceased. The main thrust of the

          allegation is against the husband. He also submits that Amresh

          Kumar, one of the brothers-in-law, has been granted bail by the

          learned co-ordinate bench of this court passed in Cr. Misc.

          81113 of 2025. The case of this petitioner stands on similar

          footing. He further submits that a statement has been made in

          para 3 of the petition that petitioner has no criminal antecedent

          and he is languishing in judicial custody since 26.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

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

          of the like amount each to the satisfaction of the learned

          Additional District & Session Judge-IX, Vaishali at Hajipur in
           Patna High Court CR. MISC. No.89833 of 2025(2) dt.15-01-2026
                                                       3/3




                     connection with Mahua P.S. Case No. 317 of 2008.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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