Patna High Court
Birendra Kumar @ Birendra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioners are entitled to anticipatory bail as there is no specific allegation or material against them.
Summary
The petitioners, three siblings of the accused Subhash Kumar, applied for anticipatory bail in a dowry case arising from FIR details that Subhash demanded Rs. 2 lakh and a motorcycle as dowry. The FIR and charge sheet alleged offences under Sections 69 and 85 of the Bihar Narcotic Substances (BNSS) Act, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, but made no specific allegation against the siblings. The petitioners argued they were falsely implicated and that no material linked them to the alleged dowry demand. The Court observed that the charge sheet contained no specific evidence against the petitioners, noted that Subhash Kumar had already been granted regular bail, and therefore found no ground to deny anticipatory bail. Consequently, the Court granted anticipatory bail to the petitioners subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners who are siblings of the accused and face no specific allegation in the FIR.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- false implication
- siblings
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90928 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Birendra Kumar @ Birendra Das S/o Bulu Das R/o Village - Kajarsot, P.S -
Sherghati, District - Gaya
2. Rajesh Kumar @ Rajesh Das S/o Bulu Das R/o Village - Kajarsot, P.S -
Sherghati, District - Gaya
3. Soni Kumari D/o Bulu Das R/o Village - Kajarsot, P.S - Sherghati, District -
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dudheshwar Singh, Adv.
: Mr. Manish Kumar Singh, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Imamganj Police Station Case No. 96 of 2025,
disclosing offences under Sections 69/85 of the BNS, 2023, and
Sections 3 / 4 of the Dowry Prohibition Act.
3. As per the FIR, the marriage of the informant
was settled with the co-accused Subhash Kumar, in which there
was no agreement to pay dowry. However, the informant started
talking with Subhash Kumar and by passage of time, they
developed a love relationship. Subhash Kumar started coming to
Patna High Court CR. MISC. No.90928 of 2025(3) dt.01-04-2026
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the house of the informant and established a sexual relationship
with her, which was known to the family members also. When
the parents of the informant requested the relatives of Subhash
Kumar to fix the marriage, they demanded Rs. 2 lakhs and a
motorcycle as dowry.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case and there is
no specific allegation against the petitioners in the FIR.
Petitioners are brothers and sister of Subhash Kumar and not the
parents against whom there is allegation of demand of dowry.
The charge sheet has been submitted and no cogent material has
come against the petitioners. Co-accused Subhash Kumar has
been granted regular bail by this Court.
5. Considering the fact that petitioners are brothers
and sister of Subhash Kumar and there is no specific allegation
against them, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.90928 of 2025(3) dt.01-04-2026
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each to the satisfaction of learned Judicial Magistrate, 1st Class,
Sherghati, Gaya, in connection with Imamganj Police Station
Case No. 96 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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