Vikas Sah @ Vikash Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60533 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Sinha District- Bhojpur ====================================================== 1.

Vikas Sah @ Vikash Shah S/O Mahesh Sah @ Mahesh Shah R/O VillagePorhan(Porha), P.S.- Sinha, District- Bhojpur 2.

Jiut Sah @ Jiut Shah S/O Mahesh Sah @ Mahesh Shah R/O VillagePorhan(Porha), P.S.- Sinha, District- Bhojpur 3.

Mahesh Sah @ Mahesh Shah S/O Late Rampati Sah R/O VillagePorhan(Porha), P.S.- Sinha, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Sinha P.S. Case No. 52/2025 registered for the offences punishable under Sections 80 and 3(5) of the B.N.S.

3. As per prosecution case, petitioners and other are said to have committed murder of informant's daughter concertedly due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR. The petitioners bear no criminal antecedent.

Patna High Court CR. MISC. No.60533 of 2025(2) dt.08-09-2025 2/3 He orally submits that husband of the deceased is already in jail. There is no specific allegation against the petitioners and the allegations are general and omnibus in nature. He further submits that petitioner nos. 1 and 2 are brother-in-law and petitioner no. 3 is father-in-law of the deceased. He further submits that the petitioners being relatives of the deceased, they have falsely been implicated in the present case. There is no eye-witness of the alleged occurrence. He further submits that the petitioners having no say in family affairs of the deceased her husband. He further submits that as per postmortem report there was no any external injury mark present on the body of the deceased as the deceased herself committed suicide without getting instigated or abetted by anyone for doing so. He orally submits that the petitioners shall not abscond rather shall cooperate in the investigation to prove their innocence.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners and submits that participation in the alleged occurrence of the petitioners cannot be ruled out.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into

Patna High Court CR. MISC. No.60533 of 2025(2) dt.08-09-2025 3/3 consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bhojpur at Ara / Concerned Court in connection with Sinha P.S. Case No. 52/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.

7. Accordingly, the application stands allowed.

8. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.

(Alok Kumar Pandey, J) amitkumar/- U T