Created by Fuzzy Cloud

Patna High Court

Rakesh SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the statutory presumption against the accused in dowry death cases and the framing of charges justified the rejection of the bail application.

Summary

The petitioner, Rakesh Sah, applied for regular bail in a criminal case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated in the death of his wife, who was allegedly strangulated for not providing a dowry motorcycle. The petitioner claimed a clean antecedent and argued that the informant was not an eyewitness and that the allegations were vague and omnibus. The State opposed bail, emphasizing the statutory presumption against the accused in dowry death cases and pointing to the medical finding of asphyxia due to throttling. The court noted that charges had been framed, indicating that the trial had commenced. After considering the submissions, the court was not inclined to grant bail and consequently rejected the regular bail application.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita
  • Whether the statutory presumption against the accused in dowry death cases applies to bar bail
  • Whether the framing of charges indicates that the trial has commenced, justifying denial of bail

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption against accused
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • regular bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16895 of 2026

                 Arising Out of PS. Case No.-222 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Rakesh Sah S/O Akshaylal Sah @ Achchelal Sah Resident of Village -
                 Eakauna, Akauna, Chorma, Ward No. 06, P.S. - Pakridayal, District - East
                 Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhurendra Kumar
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


2   06-05-2026                   1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 80, and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 20.05.2025 and the informant alleges that his daughter

                   was married to petitioner on 29-5-2023, further on 19-5-2025 at
Patna High Court CR. MISC. No.16895 of 2026(2) dt.06-05-2026
                                            2/3




          12 midnight the petitioner along with named accused persons

          strangulated the victim to death for not giving motorcycle in

          dowry.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of demand of dowry and torture is general and

          omnibus in nature. It is further submitted that informant is not

          an eyewitness to the occurrence and the entire allegation hinges

          around suspicion and family members of the petitioner also

          came to be implicated.

                       5. The learned APP for the State opposes the regular

          bail application of the petitioner and submits that daughter of

          the informant was married to the petitioner on 29.05.2023 and

          the victim died within seven years of marriage, as such,

          presumption in law is against the petitioner. It is further

          submitted that from perusal of the order impugned, it would

          manifest that the same records the cause of death as asphyxia

          due to throttling, it is thus submitted that it appears that the

          victim was strangulated to death.

                       6. At this stage, the learned counsel appearing on
            Patna High Court CR. MISC. No.16895 of 2026(2) dt.06-05-2026
                                                        3/3




                      behalf of the petitioner submits that charges against the

                      petitioner stand framed, on which the learned APP submits that

                      if charges have been framed that amply demonstrates that trial

                      has commenced.

                                   7. After hearing the learned counsel for the parties,

                      the Court is not inclined to release the petitioner on bail.

                                   8. Accordingly, the instant regular bail application

                      stands rejected.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.