Sonu Sangahi @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40200 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- BIHPUR District- Bhagalpur ====================================================== Sonu Sangahi @ Sonu Kumar Son of Yamuna Sangahi Resident of Village Amarpur, P.S.- Bihpur, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur, Adv :
Mr. Anupa Nand Jha, Adv For the Opposite Party/s :
Mr. Ramchandra Sahni, APP For the Informant :
Mr. Deepak Kumar, Adv :
Ms. Parishmita Bora, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bihpur P.S. Case No. 13/2026 registered for the offences punishable under Sections 80 and 3(5) of the BNS
3. The allegation against petitioner is to cause death of daughter of informant along with other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for one scorpio car.
4. Mr. Ajay Thakur, learned counsel appearing on behalf of the petitioner submitted that from the perusal of FIR it appears clearly at first instance that demand of scorpio car as dowry was made entirely by 7 co-accused persons including this
2/4 petitioner and, therefore, it can be said safely that demand was general and omnibus. In this context it is further pointed out that subsequently, it is alleged regarding this petitioner that he reminded aforesaid demand to informant on 14.01.2026, while he visited his home on the occasion of Tila Sankranti. It is submitted that raising demand of dowry and reminding demand of dowry are two different aspects. It is further submitted that through same FIR it is alleged that daughter of informant witnessed her husband establishing physical relationship with wife of his elder brother due to which, she was assaulted by her mother-in-law and wife of his elder brother on 16.01.2026 the day on which she died in her matrimonial home.
It is submitted that allegation of assault is not available against this petitioner as same is available against mother-in-law and elder sister-in-law (jethani), who have already granted anticipatory bail by learned trial court, itself. It is submitted that allegation of demand of scorpio is also available against mother-in-law, elder sister-in-law, though it was general and omnibus in nature and merely it was alleged to remind by petitioner, while visiting the house of the informant on 14.01.2026, it cannot be said that aforesaid demand was raised specifically by this petitioner, who is brotherin-law.
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5. It is submitted that out of oblique motive to harras the entire family members, the petitioner being brother-in-law implicated with the present case, otherwise having no connection with daily and domestic affairs with deceased and her husband. Petitioner claimed clean antecedent.
6. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail submitted that daughter of informant was killed within two months of the marriage in her matrimonial home due to non-fulfillment of demand of dowry. However, he fairly conceded that mother-inlaw and elder sister-in-law were granted anticipatory bail by learned trial court, itself for which cancellation of bail has already been filed.
7. Countering aforesaid submission, Mr. Thakur submitted that the aforesaid argument as daughter of informant was killed not appears convincing, in view of post-mortem of the deceased, which suggest she committed suicide as except ligature mark no injury was found upon her body as alleged. It is submitted that occurrence is also doubtful, whether it was caused due to non-fulfillment of demand of dowry or was due to illicit relationship. It is also submitted that post-mortem failed to opined cause of death and still the opinion is awaited in this
4/4 regard.
8. In view of aforesaid factual submission and by taking note of fact as petitioner is brother-in-law of the deceased, against whom allegation of assault is not available, where informant prima-facie not sure whether occurrence took place due to non-fulfillment of dowry demand or illicit relationship of husband of the deceased with wife of his elder brother (bhabhi), accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Naugachiya/concerned Court, where the case is pending in connection with Bihpur P.S. Case No. 13/2026, subject to the conditions as laid down under Section 482(2) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T