Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar Vs The… — Dowry and Cruelty | Patna HC (2025)

Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar Vs The… — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Madhubani/concerned court in connection with Babubarhi P.S. Case No. 427 of 2024, subject to Section 480(3) B.N.S.S. conditions and: (i) one bailor to be a close relative of the petitioner; (ii) presence on each and every date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms.

Issue for consideration

Whether the petitioner, accused under Sections 85 and 108 of the BNS in connection with Babubarhi P.S. Case No. 427 of 2024, should be released on bail.

Court's answer

Considering the period of custody of the petitioner and submission of the chargesheet, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Madhubani/concerned court in connection with Babubarhi P.S. Case No. 427 of 2024.

Ratio / Principle

Release on bail was made subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and further specified conditions, including that one bailor be a close relative of the petitioner and that the petitioner remain present on each and every date fixed by the court below.

Key takeaways

In case of absence on three consecutive dates or violation of the terms of the bail, the petitioner's bail bond will be liable to be cancelled by the court concerned.ratio¶24

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna, Criminal Miscellaneous No. 33967 of 2025 (order dated 04-09-2025), Arun Kumar Jha, J.: Applicant Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar, arraigned in Babubarhi P.S. Case No. 427 of 2024 (registered 21.09.2024) under Sections 85 and 108 of the BNS on the allegation that his wife committed suicide by consuming poison due to his conduct, in custody since 28.10.2024 with the charge-sheet submitted and carrying one antecedent case (on bail), was ordered released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Madhubani/concerned court, subject to the conditions in Section 480(3) of the B.N.S.S., with one bailor to be a close relative, compulsory presence on every date fixed by the court below, and the bail bond being liable to cancellation on absence on three consecutive dates or breach of the bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33967 of 2025

Arising Out of PS. Case No.-427 Year-2024 Thana- BABUBARHI District- Madhubani

======================================================

Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar S/o Shree Ram Sundar Saday R/o Village- Bairiya, Mushari, Satghra, P.S.- Babubarhi, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti, Adv. For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

4 04-09-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Babubarhi P.S. Case No. 427 of 2024 registered on 21.09.2024 for the offences under Sections 85 and 108 of the BNS.

As per prosecution case, due to the conduct of the petitioner, his wife committed suicide by consuming poison.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner did not instigate or abet the daughter of the informant in committing suicide. Petitioner and the deceased have three children. Petitioner never demanded any dowry nor tortured his wife and the prosecution

Patna High Court CR. MISC. No.33967 of 2025(4) dt.04-09-2025 2/3

case is not believable. Petitioner is in custody since 28.10.2024 and charge-sheet has been submitted. Petitioner is having antecedent of one case in which he is on bail.

Learned A.P.P. opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhubani/concerned court in connection with Babubarhi P.S. Case No. 427 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the

Patna High Court CR. MISC. No.33967 of 2025(4) dt.04-09-2025 3/3

terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

balmukund/- U T