Patna High Court
Chaitu Saday @ Chaitu Sadar @ chhotu SadarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Chaitu Saday, was charged with the murder of his wife under IPC sections 304-B, 120-B and 34, and under sections 3 and 4 of the Dowry Prohibition Act. He had been in custody since 9 December 2023 and no witness had been examined in the trial, leading to a substantial delay. The petitioner’s counsel argued that his right to a speedy trial was being violated. The State opposed the bail application, citing the seriousness of the offences. The High Court, noting the prolonged custody and lack of trial progress, granted regular bail on a bond of Rs.10,000 with two sureties, while clarifying that the order was limited to bail and did not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the charges of dowry death and criminal conspiracy
- Whether the delay in trial and non‑examination of witnesses infringes the petitioner’s right to a speedy trial
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120-B, 304-B, 34
Subjects
- bail
- speedy trial
- dowry death
- criminal conspiracy
- Indian Penal Code
- Dowry Prohibition Act
- regular bail
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28134 of 2026
Arising Out of PS. Case No.-194 Year-2023 Thana- JHANJHARPUR District- Madhubani
======================================================
Chaitu Saday @ Chaitu Sadar @ chhotu Sadar son of Lal ji Saday @ Lalji
Saday Resident of village- Chanaura Goth, Mushari Tol, Ward no 7, PS
-Jhanjharpur, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Jhanjharpur P.S. Case No.194 of 2023 registered
for the offence punishable under sections 304-B, 120-B and 34
of the Indian Penal Code and under sections 3/4 of the Dowry
Prohibition Act.
3. The petitioner is accused of killing his wife.
He is in custody since 09.12.2023.
4. It has been contended by learned counsel for
the petitioner that though the case has been committed and
charge has been framed but till date no witness has been
examined in the trial. It has also been contended that there is no
external injury sustained by the deceased save and except the
injury caused due to hanging.
Patna High Court CR. MISC. No.28134 of 2026(2) dt.07-05-2026
2/2
5. Learned APP for the State has opposed the
prayer of the petitioner for grant of bail.
6. Considering the period of custody of the
petitioner, which is from 09.12.2023, and delay in trial and also
the fact that right of speedy trial of the petitioner is being
infringed since till date not even a single witness has been
examined in the trial, this application is allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional District & Sessions Judge, III,
Jhanjharpur, District- Madhubani / concerned Court below, in
connection with Jhanjharpur P.S. Case No.194 of 2023.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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