Patna High Court
Mithilesh Sahni @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, directing his release on condition of a bond and sureties.
Summary
Mithilesh Sahni was arrested in connection with a dowry death case (Section 304B IPC read with Section 34) after his wife, the daughter of an informant, died following a hanging. The petitioner contended that he was not present at the time of the incident, that the death was a suicide attempt, and that the in‑laws took the victim to hospital where she later died, thus negating a dowry death charge. The State argued that the death occurred in the matrimonial home, supporting the prosecution’s case. The court examined the petitioner’s absence, the doubtful nature of the allegation, his clean antecedent, and the fact that a chargesheet had been filed, and consequently ordered his release on bail with a Rs.10,000 bond, two sureties, and specific conditions. The bail order was subject to compliance with Section 480(3) of the B.N.S.S. and attendance before the trial court.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 304B IPC read with Section 34.
- Whether the facts constitute a dowry death under Section 304B or a suicide, affecting bail considerations.
- Whether the petitioner’s absence at the time of the incident, clean antecedent, and the filing of a chargesheet justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 480(3)
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- Section 304B
- Indian Penal Code
- criminal procedure
- presumption of dowry death
- suicide
- Section 34
- B.N.S.S. Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1516 of 2026
Arising Out of PS. Case No.-215 Year-2024 Thana- KANTI District- Muzaffarpur
======================================================
Mithilesh Sahni @ Mithilesh Kumar S/o Wakil Sahni, R/o vill - Pakari, P.S.-
Kanti, Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
Mr. Kamini Rani, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Kanti P.S. Case No. 215 of 2024 dated
18.04.2024, registered for the offence punishable under Section
304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the
informant was married with the petitioner and allegation against
the petitioner and other co-accused persons is that they hanged
the daughter of the informant, who died during treatment.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. From the FIR it is clear that
the petitioner was not even present during the time of
Patna High Court CR. MISC. No.1516 of 2026(2) dt.15-01-2026
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occurrence and was outside. It is also apparent from the FIR that
it was the in-laws of the deceased who took her to hospital for
treatment where she died during treatment. The true fact of the
case is that the daughter of the informant tried to commit suicide
by hanging herself. The daughter of the informant died after
four days of treatment. Therefore, no case under Section 304B
of the IPC is made out against the petitioner. Learned counsel
next submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 29.08.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that daughter of the informant died in her matrimonial
home.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of the petitioner during the occurrence and also
considering the doubtful nature of allegation against him and
further considering his period of custody, clean antecedent 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
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3/3
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate 1st (West) Muzaffarpur / concerned
Court, in connection with Kanti P.S. Case No. 215 of 2024,
subject to the condition laid down under 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, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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