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Patna High Court

Mithilesh Sahni @ Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.1516 of 2026(2) dt.15-01-2026
                                                      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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