Patna High Court
Sikendra Kumar @ Sikendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that regular bail may be granted to the petitioner despite being the main accused, provided he furnishes a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sikendra Kumar, husband of a woman who died under suspicious circumstances, was charged under Sections 304B, 306 and 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act for alleged dowry harassment and death. He applied for regular bail after an earlier anticipatory bail was dismissed. The State opposed bail, arguing a strong presumption against him as the main accused in a dowry death case. The court examined the medical report suggesting death by asphyxia due to hanging and noted the petitioner’s lack of prior criminal record. Considering the circumstances, the court ordered that bail be granted on condition of a Rs.10,000 bond and two sureties. The application was allowed, and the petitioner was released on bail.
Issues considered
- Whether the petitioner, as the main accused in a dowry death case, is entitled to regular bail.
- Whether the circumstances of the death and the petitioner’s criminal record justify bail.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 304B, 306, 34
Subjects
- bail
- dowry death
- IPC
- Dowry Prohibition Act
- regular bail
- presumption of guilt
- main accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18733 of 2026
Arising Out of PS. Case No.-101 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Sikendra Kumar @ Sikendra Sah Son of Akildev Sah Resident Of Village -
Ward No. 10, Bari Ballia, Siraja, Ps- Barki Balia, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
For the Informant : Mr. Shubhash Pandey, Advocate
Mr. Amit Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ballia P.S. Case No. 101
of 2024 dated 24.03.2024 registered for the offences punishable
under Sections 304B, 34 of I.P.C. and Section ¾ of D.P. Act.
3. As per the prosecution case, the informant’s sister
was married with the petitioner in the year 2022, whereafter, she
went to her matrimonial house and lived there happily for few
days. It is alleged that dowry demand to the tune of Rs. 2 lakhs
was made from the informant’s sister by all the accused persons
including this petitioner. It is further alleged that when the
demand did not come to be fulfilled, physical and mental torture
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were meted out to his sister. It is further alleged that his sister
had called the informant and had apprised him about the torture
and her apprehension to be killed at the hands of the petitioner
and co-accused persons. It has further been alleged that on
23.03.2024, the informant received a telephonic call from the
villagers of the matrimonial house of his sister that his sister has
died, pursuant to which the informant reached matrimonial
house of his sister where he was found his sister lying dead and
accused persons having been absconded from the house.
4. Learned counsel for the petitioner submits that
petitioner had approached this Court in connection with his
anticipatory bail which came to be dismissed with a liberty to
file a fresh application before the trial court if he has sufficient
reason for apprehension of his arrest. It has been submitted that
petitioner was not initially made accused in this case and the
FIR was lodged against the co-accused persons. It has further
been submitted that after thorough investigation the police has
submitted charge-sheet under Section 304B, 306 and 34 of the
Indian Penal Code. Learned counsel for the petitioner further
referring to the post-mortem report has submitted that the
autopsy surgeon has opined the death of the deceased due to
asphyxia as a result of above mentioned injuries caused by
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hanging and no external or internal injuries apart from the above
mentioned said injuries as a result of hanging was not found on
the person of the deceased. It has further been submitted by
learned counsel for the petitioner referring to Paragraph-30 of
the case diary that the deceased used to live along with her
mother-in-law in the house and the entire family members
including this petitioner used to work at Ludhiana to make their
ends meet and the deceased was used to live in depression and
the deceased in a heat of passion and spur of moment probably
committed suicide as all the male members since 8 to 9 months
were at Ludhiana and still all the male members used to reside
in Ludhiana. It has lastly been submitted that petitioner is in
custody since 19.12.2025 and has got no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and have submitted that petitioner is the husband
of the deceased. There is strong presumption against him and
the case has been lodged under Section 304B. The petitioner
happens to be the main accused in this case.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, Begusarai, in connection with Ballia
P.S. Case No. 101 of 2024.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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