Machhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28014 of 2026 Arising Out of PS. Case No.-236 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== Machhu Sah S/O Late Ramlalin Sah @ Late Ramlolin Sah R/O Vill.- Mahmadpur, P.s- Mahnar, District - Vaishali ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Binod Kumar No.03, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-07-2026 Heard Mr.Sabal Kumar Jha, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

2. The petitioner is apprehending arrest in connection with Mahnar P.S. Case No. 236 of 2025 instituted under Sections 80, 238, 3(5) of the BNS lodged on 15.06.2025 by the informant, Santosh Kumar Sah.

3. As per the prosecution story, the informant alleged that the lady was married to Arvind Kumar but she was tortured for dowry and on the fateful day, he came to know that she committed suicide. This led to the FIR.

4. Learned counsel for the petitioner submits that the suicidal note has been part of the police report in which she has not alleged anything against the father-in-law, husband is

Patna High Court CR. MISC. No.28014 of 2026(3) dt.17-07-2026 2/3 already in custody. The father-in-law is living separately.

5. Learned APP opposes the prayer but acknowledges that she has committed suicide.

6. Taking into account the aforesaid facts as also that the petitioner do not have criminal antecedent, the husband is in custody, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Mahnar P.S. Case No. 236 of 2025 to the satisfaction of learned C.J.M., Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;

Patna High Court CR. MISC. No.28014 of 2026(3) dt.17-07-2026 3/3 (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T