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Patna High Court

Shakti Prakash PanditversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the offence and the imminent conclusion of the trial preclude granting regular bail.

Summary

Shakti Prakash Pandit was arrested in connection with a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged killing of his wife. He applied for regular bail, claiming false implication and asserting no prior criminal record, while offering cooperation with the trial. The prosecution opposed the bail, emphasizing the seriousness of the alleged dowry death offence. The court noted the gravity of the charges and that the trial was nearing its conclusion. Consequently, the court declined to grant bail and dismissed the petitioner's application.

Issues considered

  • Whether bail can be granted to an accused of a dowry death (IPC 304B) and abetment (IPC 34) when the trial is close to conclusion
  • Whether the accused's claim of false implication and lack of criminal antecedent warrant bail

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC 304B
  • IPC 34
  • criminal procedure
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19565 of 2026
                      Arising Out of PS. Case No.-362 Year-2023 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Shakti Prakash Pandit S/o Vashisth Pandit @ Basist Pandit R/o Village-
                 Nimej, P.S.- Brahampur, District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Brahampur P.S. Case No. 362/2023 registered for the offences

                   punishable under Sections 304(B)/34 of the I.P.C.

                                3. As per the prosecution case, petitioner is accused of

                   killing his wife along with other co-accused.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further very fairly submits that in the trial all the

                   witnesses have been examined. Petitioner has no criminal

                   antecedent and he is in custody since 06.07.2023. The petitioner

                   undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.19565 of 2026(2) dt.29-04-2026
                                                          2/2




                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence as well as

                        the fact that the trial is on the verge of conclusion, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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