Allowed¶23

Machhu Sah v. The State Of Bihar

Patna HC17 Jul 2026CR. MISC./28014/2026

Case brief

AI extract

What is this about?

Machhu Sah v. The State of Bihar; Patna High Court; Criminal Miscellaneous No.28014 of 2026; decided 17-07-2026 by Justice Rajiv Roy; anticipatory bail granted under Section 438 Cr.P.C. in Mahnar P.S. Case No. 236 of 2025 (Vaishali) registered under Sections 80, 238, 3(5) BNS on FIR of Santosh Kumar Sah alleging dowry torture and suicide; husband-co-accused in custody; petitioner without criminal antecedent; bail bond Rs. 10,000/- with two sureties; conditions imposed.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C. and other specified conditions. ¶23

Machhu Sah Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Mahnar P.S. Case No. 236 of 2025 (Sections 80, 238, 3(5) of the BNS), should be granted anticipatory bail.

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Court's answer

The Court extended the privilege of anticipatory bail to the petitioner, taking into account the facts of the case, that the petitioner does not have criminal antecedent, and that the husband (co-accused) is in custody.

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Ratio / Principle

Petitioner to be released on bail in the event of his arrest or surrender before the concerned court within four weeks from receipt of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each in connection with Mahnar P.S. Case No. 236 of 2025 to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions under Section 438(2) Cr.P.C. and other conditions: one bailor to be a family member/relative providing official ID (Aadhaar Card/Driving License/Voter ID/Pan Card etc.); appearance before the police station as and when required for cooperation in investigation; appearance on every trial date, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from committing any criminal offence again.

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Detailed headnote1 paragraphs

Anticipatory bail — Petitioner (father-in-law of the deceased) apprehending arrest in Mahnar P.S. Case No. 236 of 2025 under Sections 80, 238, 3(5) of the BNS, arising out of the suicide of a woman who, per the prosecution story, was married to Arvind Kumar and tortured for dowry — Counsel for the petitioner submitted that the suicidal note forming part of the police report did not allege anything against the father-in-law and that the husband was already in custody; learned APP opposed but acknowledged the suicide — Court noted the petitioner has no criminal antecedent and the husband is in custody — Anticipatory bail granted: release on bail in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two like sureties to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to Section 438(2) Cr.P.C. conditions and further conditions (family-member bailor with official ID; appearance before police station as required; attendance on every trial date with cancellation risk after two consecutive unexplained absences; no tampering with witnesses or evidence; no fresh offences).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28014 of 2026

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Arising Out of PS. Case No.-236 Year-2025 Thana- MAHNAR District- Vaishali

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

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Machhu Sah S/O Late Ramlalin Sah @ Late Ramlolin Sah R/O Vill.Mahmadpur, P.s- Mahnar, District - Vaishali

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... ... Petitioner/s

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Versus

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The State Of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr.Binod Kumar No.03, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 17-07-2026

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Heard Mr.Sabal Kumar Jha, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

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The petitioner is apprehending arrest in connection with Mahnar P.S. Case No. 236 of 2025 instituted under Sections 80, 238, 3(5) of the BNS lodged on 15.06.2025 by the informant, Santosh Kumar Sah.

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As per the prosecution story, the informant alleged that the lady was married to Arvind Kumar but she was tortured for dowry and on the fateful day, he came to know that she committed suicide. This led to the FIR.

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Learned counsel for the petitioner submits that the suicidal note has been part of the police report in which she has not alleged anything against the father-in-law, husband is

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Patna High Court CR. MISC. No.28014 of 2026(3) dt.17-07-2026 2/3

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already in custody. The father-in-law is living separately.

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Learned APP opposes the prayer but acknowledges

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that she has committed suicide.

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Taking into account the aforesaid facts as also that the petitioner do not have criminal antecedent, the husband is in custody, this Court is inclined to extend him the privilege of anticipatory bail.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Mahnar P.S. Case No. 236 of 2025 to the satisfaction of learned C.J.M., Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

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(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;

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Patna High Court CR. MISC. No.28014 of 2026(3) dt.17-07-2026 3/3

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(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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U T

Machhu Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Machhu Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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