Created by Fuzzy Cloud

Patna High Court

Sikendra Kumar @ Sikendra SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.18733 of 2026(3) dt.04-05-2026
                                            2/4




          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
Patna High Court CR. MISC. No.18733 of 2026(3) dt.04-05-2026
                                            3/4




          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)
           Patna High Court CR. MISC. No.18733 of 2026(3) dt.04-05-2026
                                                       4/4




                     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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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