Patna High Court

Vijay SahaniversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Vijay Sahani applied for bail in a dowry death case (Sections 302, 304B, 201, 34 IPC and Section 3 of the Dowry Prohibition Act) where the prosecution alleged that his niece-in-law was killed due to dowry demands. The petitioner claimed he is innocent, has no criminal antecedent, and is the father‑in‑law of the deceased, asserting that the informant and the victim's father have not supported the prosecution. He also pointed out that the husband of the deceased had already been granted bail in a related matter. The State opposed the bail on the seriousness of the offences. After hearing both sides, the court found the allegations to be general and omnibus and, considering the petitioner’s lack of prior record and the circumstances, ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case involving offences under Sections 302, 304B, 201, 34 IPC and the Dowry Prohibition Act.

Legislation cited

Dowry Prohibition Act — s. 3
Indian Penal Code — s. 201, 302, 304B, 34

Subjects

bail
dowry death
IPC
Section 304B
Dowry Prohibition Act
criminal procedure
high court
East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10566 of 2026
                  Arising Out of PS. Case No.-602 Year-2023 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Vijay Sahani Son of Late Kheti Sahani @ Late Rewati Sahani @ Late Lkheti
                 Sahani @ Late Rewti sahani R/O- Bahuari, Ward No. 9, P.S.- Lakhaura, Dist-
                 East Champaran at Motihari
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   23-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Muffasil (Lakhaura) P.S. Case No. 602 of 2023 registered for the

                   offence punishable under Sections 302, 304(B), 201 and 34 of the

                   Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

                                3. The case of the prosecution in short is that the niece

                   of the informant namely, Koshila Devi was married to one Abhay

                   Sahani. It is further alleged that she was subjected to cruelty on

                   account of non-fulfillment of dowry demand and due to that

                   demand she was killed on 22.08.2023.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that the petitioner is father-in-law of the deceased. The
           Patna High Court CR. MISC. No.10566 of 2026(2) dt.23-02-2026
                                                       2/2




                     nature of allegation is general and omnibus. He also submits that

                     the informant and father of the victim have not supported the

                     prosecution case in the trial and they have stated that this case was

                     filed due to misunderstanding. He further submits that the

                     husband has already been granted bail by the learned coordinate

                     bench of this court vide Cr. Misc. No. 81155 of 2024. The case of

                     this petitioner stands on better footing. Moreover, a statement has

                     been made in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     15.11.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                     the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Motihari, East Champaran in connection with

                     Muffasil (Lakhaura) P.S. Case No. 602 of 2023.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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