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Patna High Court

Jitendra SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Jitendra Sah, was arrested in connection with the alleged dowry‑related murder of his wife, who died from burn injuries after kerosene was poured on her. He is charged under several IPC sections (341, 323, 325, 326, 307, 506, 498‑A) and sections 3 and 4 of the Dowry Prohibition Act, and has been in custody since October 2023. The petitioner sought bail, arguing that the mother of the deceased denied any knowledge of the incident, that the investigation is complete with a charge‑sheet filed, and that there is no risk of evidence tampering. The State contended that the FIR is based on the deceased’s dying declaration, the post‑mortem confirms death by burns, and serious dowry‑related offences are alleged, making bail inappropriate. The Court, noting the specific allegation of the petitioner pouring kerosene and the satisfactory progress of trial, rejected the bail application, stating that the observations made would not affect the trial’s merits.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged dowry death and multiple serious IPC offences.
  • Whether the existence of a dying declaration, completed investigation, and risk of evidence tampering justify denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • IPC
  • Dowry Prohibition Act
  • dying declaration
  • evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2209 of 2026
                   Arising Out of PS. Case No.-444 Year-2023 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Jitendra Sah Son of Late Jawahir Sah Resident of Village- Khadda Chowk,
                 P.S.- Nautan, District- West Champaran
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                     Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Nautan P.S. Case No. 444 of 2023 registered for the offence

                   punishable under Sections 341, 323, 325, 326, 307, 506,

                   506 and 498-A/34 of the I.P.C. and ¾ of the DP Act.

                                3. The petitioner is named in the F.I.R. and is in

                   custody since 15.10.2023

                                4. As per FIR, petitioner who is the husband of the

                   informant/deceased alleged to cause her burn injury leading

                   to her death along with his mother and sisters after pouring

                   kerosene oil upon her due to non-fulfillment of demand of

                   dowry, on 14.10.2023 at about 3:30 PM.

                                5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.2209 of 2026(2) dt.12-02-2026
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          petitioner submitted that as per FIR mother of informant was

          present in the hospital and also in matrimonial home of the

          informant on the date of occurrence, but while deposing

          before the Court during the trial as P.W. 3 she categorically

          stated that she was told nothing about the occurrence by her

          deceased daughter. She also stated that she had no complain

          for petitioner (son-in-law). It is submitted that in view of

          aforesaid keeping this petitioner behind the bar for any

          further period would not serve any purpose of justice. While

          concluding the argument, it is submitted that out of 7

          prosecution witnesses 3 have been examined till date, where

          petitioner remains in custody for more than two years and

          moreover, investigation of this case is completed, for which

          charge-sheet has been submitted, as such, there is no chance

          of tampering with the evidence.

                       6. Learned APP while opposing the prayer of bail

          submitted that deceased herself is the informant of this case,

          who      categorically       made       her     statement   before   S.I.

          Shudhanshu while admitted in burn ward of GMCH, Bettiah.

          Petitioner being husband on the date of occurrence alleged to
Patna High Court CR. MISC. No.2209 of 2026(2) dt.12-02-2026
                                            3/4




          poured kerosene oil on deceased and his two sisters hold her

          hand and hair, whereas mother thrown lightened matchstick

          upon her, out of which she received serious burn injury. It is

          pointed out that FIR in fact is on par of the dying declaration

          of the deceased. It is also pointed out that post-mortem

          report mentioned cause of death as burn injuries. Arguing

          further, learned APP submitted that allegations of dowry

          demand, physical assault, abuse also appears available as per

          FIR against petitioner and his family members and moreover

          progress of trial is also satisfactory as out of 7 charge-sheeted

          witnesses 3 have already examined. In this context, it is

          further submitted by learned APP that petitioner prima-face

          failed to explain how informant received burn injuries as

          alleged in view of Section 106 of the Indian Evidence Act.

                       7. In view of aforesaid factual submission and by

          taking note of fact as the allegation against petitioner is

          specific as to pour kerosene oil upon informant/deceased, who

          herself is the author of the FIR, where cause of death opined

          as burn injury, where progress of trial also appears

          satisfactory as mentioned aforesaid, accordingly prayer of bail
               Patna High Court CR. MISC. No.2209 of 2026(2) dt.12-02-2026
                                                           4/4




                         of petitioner stands rejected.

                                      8. It is made clear that observations made, if any,

                         shall be of no bearing over the merit of this case during the

                         trial.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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