Patna High Court
Shali Akhtar @ Sali AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Shali Akhtar, husband of a deceased woman, was arrested in connection with a murder and dowry-related offences (IPC §§302, 304‑B, 498‑A, 34 and Dowry Prohibition Act §§3, 4) and has been in custody since 7 July 2024. He sought regular bail, arguing that out of ten charge‑sheet witnesses only four had been examined and all were declared hostile, offering no support to the prosecution. The State opposed the bail. Considering the lengthy pre‑trial detention, the hostile nature of the examined witnesses, and the lack of specific incriminating material in the FIR, the Court found no risk of tampering with evidence or interference with the trial. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of equal amount. The order effectively disposes of the bail petition in the petitioner’s favour.
Issues considered
- Whether regular bail should be granted to an accused facing charges of murder, dowry death and related offences under the IPC and Dowry Prohibition Act.
- Whether the stage of trial, length of pre‑trial detention and hostile witnesses justify granting bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 302, 304-B, 34, 498-A
Subjects
- bail
- regular bail
- murder
- dowry death
- IPC
- Dowry Prohibition Act
- hostile witnesses
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20250 of 2026
Arising Out of PS. Case No.-163 Year-2024 Thana- PAKRIDAYAL District- East Champaran
======================================================
Shali Akhtar @ Sali Akhtar, S/o Ahamad Alam, R/o Village - Parsa, P.S -
Pakridayal, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar No.III, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 903 of 2024 arising out of Pakridayal P. S.
Case No. 163 of 2024, registered for the offences punishable
under Sections 302, 304-B, 498-A and 34 of the Indian Penal
Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the
the petitioner, who is the husband of the deceased, has been
languishing in jail since 07.07.2024 and out of 10 chargesheet
witnesses, four have been examined and have been declared
hostile and they have not supported the case of the prosecution.
He further submits that the release of the petitioner on bail at
this stage will not adversely affect the prosecution and in the
FIR, there is general and omnibus allegations without showing
Patna High Court CR. MISC. No.20250 of 2026(2) dt.26-03-2026
2/2
his specific role in the alleged offences.
4. Learned APP for the State opposes the bail prayer
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the petitioner's custody period and
the stage of his trial, this court is inclined to release him on bail.
Accordingly, let the petitioner named-above be enlarged on bail
in connection with Sessions Trial No. 903 of 2024 arising out of
Pakridayal P. S. Case No. 163 of 2024 on furnishing bail bond
of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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