Court grants pre-arrest bail based on allegations of dowry-related torture leading to suicide, stressing judicial consideration during bail hearings.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Adapur P.S.Case No.275 of 2025, registered for the offences punishable under Sections 115(2), 126(2), 80, 61(2), 85 and

3(5) of BNS , 2023 and Sections ¾ of D.P. Act .

3. As per the allegation made in the FIR, the marriage of the daughter of the informant, namely, Mira Kumari (deceased) was solemnized with co-accused Deepak Kumar on 09.03.2019 but after the marriage, the petitioners and the co-

accused started torturing and assaulting her due to non- fulfilment of the demand of the dowry and on 15.07.2025, the informant came to know that the accused persons have strangulated her.

4. Learned counsel appearing on behalf of the petitioners submitted that the husband of the deceased namely Deepak Kumar has himself surrendered before the learned district court on 06.11.2025 and since then he is in judicial custody. Learned counsel further submitted that due to severe depression and anxiety, the deceased has committed suicide.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the nature of allegation made in the FIR, the petitioners no.3 (Rupesh Kumar), 4. Nikesh Kumar), 5. (Vijay Sah) and 6. (Yugal Sah @ Yugal Kishore Prasad) are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st class, Raxaul, East Champaran, Motihri in connection with Adapur P.S.Case No.275 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. /Section 482(2) of BNSS.

7. So far as petitioners no.1. (Shiv Pujan Sah @ Shiva Pujan Sah) and 2. (Shanti Devi) are concerned, considering the nature of offence as alleged against them, I find it proper that if the petitioners so advised, they may surrender before the learned district court and seek regular bail.

8. The learned District Court is directed to consider the bail application of the petitioners no.1 and 2 on the same day and pass necessary order on the basis of materials available on the record in accordance with law.

9. With the above observation/direction, the present application stands disposed of.

(Purnendu Singh, J)