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Patna High Court

Jitendra Lal Karn @ Jitendra Kumar KarnversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

The petitioner, Jitendra Lal Karn, was charged under IPC sections 304B (dowry death), 201 (causing disappearance of evidence) and 34 (common intention), as well as Sections 3 and 4 of the Dowry Prohibition Act, for allegedly administering poison to the informant's daughter, who later died. He applied for regular bail, claiming innocence, a clean antecedent, that the case dates back to 2013, a compromise petition was filed, and co‑accused have been acquitted. The State opposed bail, noting that the petitioner is named in the FIR, that he demanded money from the deceased, and that the trial is ongoing with only two of eleven prosecution witnesses examined. The Court observed that the trial is still in progress, the nature of the offences is serious, and therefore was not inclined to grant bail. Consequently, the petition for regular bail was rejected and the trial court was directed to expedite the proceedings.

Issues considered

  • Whether the petitioner is entitled to regular bail pending trial for offences under IPC sections 304B, 201, 34 and the Dowry Prohibition Act.
  • Whether the stage of the trial and the seriousness of the alleged offences justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • dowry death
  • IPC
  • Dowry Prohibition Act
  • criminal procedure
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17844 of 2026
                   Arising Out of PS. Case No.-249 Year-2013 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Jitendra Lal Karn @ Jitendra Kumar Karn, Male-age about 48 years, Son of
                 Late Birju Lal Karn, Resident of village - Kolhuara, P.S.- Kalyanpur, District-
                 Samastipur.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

4   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No. 09 of 2025 arising out of Kalyanpur P.S. Case

                   No. 249 of 2013 instituted for the offences punishable under

                   Sections 304(B), 201/34 of the Indian Penal Code and Section

                   3/4 of the Dowry Prohibition Act.

                                3. Allegation against the petitioner and his family

                   members is to have administered poison to the daughter of the

                   informant, as a result of which she died.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that the

                   petitioner is the husband of the deceased. He further submits
Patna High Court CR. MISC. No.17844 of 2026(4) dt.24-06-2026
                                            2/3




          that the present case is of the year 2013 and the informant side

          during course of investigation itself has filed a compromise

          petition. He next submits that the other co-accused persons have

          been acquitted by the learned trial Court as stated in para-8 of

          the petition. Petitioner has got clean antecedent as stated in para

          3 of the petition is in custody since 25.11.2024.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, status report and also

          perused the impugned order dated 09.01.2026 passed by the

          learned District and Additional Sessions Judge-IX, Samastipur,

          it appears that petitioner is named in the FIR. From perusal of

          the records, it also appears that the marriage of the deceased was

          solemnized with the petitioner on 01.05.2013 and soon

          thereafter the petitioner (accused) started demanding Rs.

          50,000/- from the deceased for construction of his house. On

          24.06.2013, the informant received the information that his

          daughter was killed by the accused persons in Delhi by

          administering her poison. It also appears that in this case

          charges have been framed against the accused persons including

          the petitioner and the trial has commenced and only two

          prosecution       witnesses      have      been      examined   and   other
            Patna High Court CR. MISC. No.17844 of 2026(4) dt.24-06-2026
                                                        3/3




                      prosecution witnesses including the informant and official

                      witnesses are yet to be examined. From perusal of the status

                      report vide letter no. 106 of 2026 dated 20.05.2026, it also

                      appears that charges has been framed against accused persons

                      on 20.02.2025 and eleven prosecution witnesses are named in

                      the chargesheet. Out of eleven prosecution              witnesses two

                      prosecution witnesses have been examined and cross-examined

                      and process for appearance of the witnesses have already been

                      issued against the non-official prosecution witnesses and the

                      next date fixed for evidence is 20.05.2026 as well as the fact

                      that the trial is under progress, so considering the facts and

                      circumstances of the case and submissions of learned counsel

                      for the parties, I am not inclined to grant regular bail to the

                      above named petitioner.

                                   7. Prayer for regular bail of the petitioner is hereby

                      rejected.

                                   8. Learned trial Court is directed to expedite the trial

                      as early as possible.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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