Bigu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76612 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Bigu Prasad S/o Dev Sah R/o Vill.- Uttari Bhawani, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2026 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner as well as Ms. Renu Kumari, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 04.05.2025 in connection with Sangrampur P.S. Case No. 152 of 2025, F.I.R. dated 03.05.2025 for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that the petitioner along with other co-accused person are responsible for the death of her daughter due to nonfulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.76612 of 2025(3) dt.21-01-2026 2/3 implicated in the present case. The allegation levelled against the petitioner is false and fabricated. From bare perusal of the FIR it appears that there is no specific allegation of assault or overt act or demand of dowry against him rather there is general and omnibus allegation against him and husband of the deceased,who happens to be son of the petitioner is in judicial custody since 12.12.2025. He further submits that the police after investigation submitted the charge sheet on 28.06.2025 and the petitioner is in custody since 04.05.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation of assault or overt act or demand of dowry against him and husband of the deceased in judicial custody since 12.12.2025, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Sangrampur P.S. Case No. 152 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.76612 of 2025(3) dt.21-01-2026 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T