Patna High Court
Sarvesh Kumar @ Sarvesh Prasad @ Sarvesh Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the prayer for anticipatory bail, subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, who are in‑laws of the deceased daughter of the informant, sought anticipatory bail in a case registered under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 alleging murder and dowry‑related offences. The informant alleged that the petitioners conspired with other accused to torture and kill his daughter. The petitioners contended that the allegations were vague, they had clean antecedents, and they were not involved in the matrimonial affairs of the deceased. The State opposed the bail, asserting the petitioners' participation in the alleged torture and dowry demand. The High Court, after considering the submissions and the familial relationship, granted anticipatory bail subject to strict conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., directing the petitioners to furnish bail bonds and comply with attendance requirements.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC read with Section 482 of the Bharatiya Nyaya Sanhita in view of the allegations under Sections 80, 238 and 3(5) of the B.N.S.S.
- Whether the mere suspicion and family relationship constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 482, 80
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- Bharatiya Nyaya Sanhita
- dowry death
- family dispute
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90270 of 2025
Arising Out of PS. Case No.-737 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
1. Sarvesh Kumar @ Sarvesh Prasad @ Sarvesh Kumar Prasad S/o- Late
Amerika Sah Village- Lachhanauta Police station- Gaunaha District- West
Champaran
2. Ashok Kumar @ Ashok Prasad S/o- Rajendra Prasad R/v- Bishunpurwa
Sisawaniya Ps- Adapur Dist- East Champaran
3. Guriya Devi @ Sweta Kumari W/o- Ashok Kumar @ Ashok Prasad R/v-
Bishunpurwa Sisawaniya Ps- Adapur Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
Mr. Brij Kishor Mishra, Advcoate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For the Informant : Mr. Umesh Chandra Verma, Advocate
Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Shikarpur P.S. Case No.737 of 2025 registered for the
offences under Sections 80, 238, 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case is to the effect that the
informant has alleged that all the named accused persons have
connived together and had killed the daughter of the informant.
It is alleged that the daughter had earlier made a call and said
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that she was being tortured and subsequently they came to know
that she had died at the house at Narkatiaganj, where she was
living along with her husband.
4. Learned counsel for the petitioners submits that the
petitioners happen to be the brother-in-law (Bhaisur), Nandosi
and Nanad of the deceased. It has further been submitted that
mere suspicion has been raised against the petitioners are
general and omnibus allegations. It has next been submitted that
the petitioners do not have any concern with the matrimonial
life of the deceased with the co-accused Nitesh Kumar, as it is
admitted that the deceased was living with Nitesh Kumar at a
rented house at Narkatiaganj. It has further been submitted that
by any stretch of imagination the petitioner cannot be attributed
to being in connivance with the other accused persons in the
killing of the daughter of the informant. It has lastly been
submitted that the husband of the deceased is in custody and the
petitioners carry clean antecedents. It has also been submitted
that co-accused, who were agnates, have been granted bail by
this Hon’ble Court vide order date 15.01.2026 passed in Cr.
Misc. No. 85485 of 2025.
5. Learned APP for the State and learned counsel for
the informant have opposed the prayer for anticipatory bail and
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have stated that the petitioners, being the family members, were
fully involved in committing torture as well as demanding
dowry, and thereafter the daughter of the informant was killed.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties and
taking into account the fact that the petitioners are the in-laws
and admittedly the deceased was staying in a rented house along
with her husband, let the petitioners above named be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bonds of Rs.10,000/-(ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor court
in connection with Shikarpur P.S. Case No.737 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure read with corresponding Section 482(2)
of B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
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(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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