Patna High Court
VIKASH KUMAR SAHNI @ VIKASH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioner's bail application.
Summary
Vikash Kumar Sahni was arrested in connection with a dowry‑related case (Sections 80 and 108 of the B.N.S.) after the daughter of an informant allegedly died following dowry demands. The petitioner claimed the marriage was forced, the deceased committed suicide, and the post‑mortem showed no injuries, arguing there was no solid evidence of homicide. He also highlighted his clean record and that he had been in custody since 24‑07‑2025. The State opposed bail, contending the seriousness of the dowry‑death charge. After considering the submissions, the court ordered bail on a bond of Rs.10,000 with two sureties, thereby allowing the petitioner's application.
Issues considered
- Whether regular bail can be granted to an accused in a dowry‑death case under Section 108 of the B.N.S.
- Whether the claim of suicide and lack of forensic injuries negates the prosecution's case for dowry death and justifies bail
- Whether the evidence on record is sufficient to deny bail to the accused
Subjects
- dowry death
- regular bail
- Section 108 B.N.S.
- Section 80 B.N.S.
- suicide claim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10872 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
VIKASH KUMAR SAHNI @ VIKASH KUMAR S/O Asharfi Sahni @
Ashrfi Sahani Resident of ward no. 08, Mahisari, Mehsari, P.S.- Ujiarpur,
Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj, Adv
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ujiarpur P.S. Case No.
188 of 2025 registered for the offences punishable under
Sections 80 and 3(5) of the BNS of the B.N.S.
3. As per the prosecution case, the marriage of
daughter of the informant was solemnized with the petitioner on
09.03.2025 and at the time of marriage articles worth Rs. 4
Lakhs was given to the petitioner. It is further alleged that the
daughter of the informant was tortured in connection with
demand of additional dowry. It is alleged that on 16.07.2025 one
Asarfi Sahni and this petitioner and his father come to the
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informant’s house and said that he will exchange an old
motorcycle with a new one and has to part away with Rs. 50,000
in cash then only they will take his daughter back. Informant
was forced to take 10 days time to meet the demand. It is further
alleged that due to non-fulfilment of such demand he was
informed on 23.07.2025 by father of this petitioner that daughter
of the informant has died.
4. Learned counsel for the petitioner has submitted
that although the case was initially registered under Section 80
of the BNSS, but subsequently after thorough investigation
chargesheet has been filed under Section 108 BNSS and
referring to several paragraphs of the diary the learned counsel
for the petitioner has drawn the attention of this court to the
statement of the witnesses, wherein they have said that the
deceased did not like this petitioner and was not ready for the
marriage but since her marriage was forcibly performed with
this petitioner she in the heat of passion and spur of moment
committed suicide. Moreover, the post-mortem report would
suggest that no external or internal injury on the persons of the
deceased was found, when viscera has been kept preserved, so
as to ascertain the cause of death. It has lastly been submitted
that the petitioner has got no criminal antecedent and is in
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custody since 24.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge, Dalsingsarai,
Dist- Samastipur/Court concerned in connection with Ujairpur
P.S. Case No. 188 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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