Patna High Court
Shekhar Das @ Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shekhar Das, a nephew of the deceased Poonam Kumari, applied for regular bail in a case registered under sections 80, 238 and 3(5) of the B.N.S. The prosecution alleged that the deceased was subjected to dowry cruelty and was murdered by her in‑laws on 23 July 2025. The petitioner contended that he is innocent, was living separately from the deceased, and that the main accusation is against the husband who is already in custody. The State opposed the bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The petitioner was therefore released on regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 80, 238 and 3(5) of the B.N.S. in view of the alleged dowry‑related murder.
Legislation cited
- B.N.S. — s. 238, 3(5), 80
Subjects
- regular bail
- dowry death
- sections 80, 238, 3(5) B.N.S.
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91174 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Shekhar Das @ Shekhar Kumar Son of Lalan Das Resident of village -
Ambariya, P.S.- Shikarganj, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-01-2026 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, 238 and
3(5) of B.N.S.
3. The case of the prosecution is that Poonam Kumari
(deceased) was married to Ranjit Das. It is alleged that she was
subjected to cruelty on account of non-fulfillment of dowry
demand of a bike and golden chain. On 23.07.2025, all the in-
laws killed the deceased and her dead body was cremated. The
marriage was solemnized seven years ago.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that petitioner is
Patna High Court CR. MISC. No.91174 of 2025(2) dt.17-01-2026
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nephew of the deceased and he was separate in mess and
residence from the deceased. The main thrust of allegation is
against the husband of the deceased who is already languishing
in judicial custody. Moreover, the petitioner is languishing in
judicial custody since 25.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Shikarganj P.S. Case No. 185 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 J.M. 1st Class, Sikarahana at
Dhaka, East Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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