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Patna High Court

Chaitu Saday @ Chaitu Sadar @ chhotu SadarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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