Naresh Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32537 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- MAHILA P.S. District- Banka ====================================================== 1.
Naresh Prasad Sah S/o Late Mohan Prasad Sah R/o Village- Amarpur, Police Station- Amarpur, District- Banka 2.
Kunal Prasad Sah @ Kunal Kumar S/o Naresh Prasad Sah R/o VillageAmarpur, Police Station- Amarpur, District- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Kumari W/o Gautam Kumar Sah, D/o Late Yogendra Narayan Gayn R/o vill - Amarpur, P.S.- Amarpur, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Banka Mahila PS. Case No. 02 of 2025 dated 09.1.2025 instituted under Section 85, 115(2), 351(3), 352 and 3(5) of the BNS and section 3⁄4 of the Dowry Prohibition Act.
3. The prosecution case, in short, is that the marriage of the informant was solemnized with Goutam Kumar Sah in the year 2021 after having a love affair of more than ten years and soon thereafter, she was subjected to cruelty by her husband and
Patna High Court CR. MISC. No.32537 of 2026(2) dt.13-05-2026 2/3 in-laws and was ultimately ousted from her matrimonial home on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is submitted that petitioner no. 1 happens to be the father-in-law of the informant and petitioner no. 2 is the elder brother-in-law of the informant. Further submission is that no specific overt act has been attributed to the petitioners and the allegations against them are general and omnibus in nature. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Banka/ Court concerned, Banka, in Banka Mahila PS. Case No. 02 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
Patna High Court CR. MISC. No.32537 of 2026(2) dt.13-05-2026 3/3
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T