Patna High Court
Dharmendra Kumar @ Dharmendra Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the petitioner’s delay and the seriousness of the murder charge warranted custody.
Summary
The petitioner, Dharmendra Kumar, was charged with kidnapping the informant's daughter for marriage, initially under Sections 365 and 366/34 of the Indian Penal Code, but the charge sheet later listed Section 302, elevating the offence to murder. He surrendered on 29 March 2025 after a prolonged delay since the alleged incident in 2018 and has been in custody since. The petitioner sought bail, arguing that the case relied solely on the informant’s testimony and a counter‑affidavit by the Superintendent of Police. The State opposed bail, emphasizing the seriousness of the murder charge and the petitioner’s role in causing procedural delays. The Court noted the change in charge, the seriousness of the offence, and the petitioner’s contribution to the delay, and consequently refused bail. The judgment allowed the petitioner to re‑apply for bail after the framing of charges.
Issues considered
- Whether bail should be granted in a case now charged under Section 302 IPC after a delay caused by the petitioner
- Whether the change of charge from kidnapping to murder affects the bail eligibility
Legislation cited
- Indian Penal Code — s. 302, 365, 366/34
Subjects
- bail
- kidnapping
- murder
- delay
- charge sheet
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36958 of 2025
Arising Out of PS. Case No.-479 Year-2018 Thana- NAUTAN District- West Champaran
======================================================
Dharmendra Kumar @ Dharmendra Kumar Sahni S/O Ram Lakhan
Chaudhary @ Lakhan Lal Shahni Resident of Village- Purushotampur, P.S.-
Majhauliya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate
Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
9 20-02-2026 Heard Mr. Ramakant Sharma, learned senior counsel
for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 365 and 366/34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner in
association of other co-accused is said to have kidnapped the
daughter of the informant for solemnizing marriage.
4. It is submitted by learned senior counsel for the
petitioner that the entire case rests on the evidence of last seen
even considering the counter affidavit filed by the
Superintendent of Police. However, this Court realises that the
case is of the year 2018 and it is the fault of the petitioner that
Patna High Court CR. MISC. No.36958 of 2025(9) dt.20-02-2026
2/2
enough delay has been caused and finally the petitioner
surrendered on 29.03.2025 and since then he is in custody. The
chargesheet has been submitted in this case. Initially the case
was instituted under Section 365 and 366/34 of the Indian Penal
Code but the chargesheet has been submitted under Section 302
of the I.P.C. making the case serious in nature.
5. Learned APP for the State vehemently
opposing the bail petition submitted that considering the
seriousness of the offence, the petitioner does not deserve
privilege of bail.
6. Taking into consideration the facts and
circumstances of the case and also realizing the fact that the
delay in this case has been caused and the progress of this case
has been hampered due to the petitioner, I am not inclined to
enlarge the petitioner on bail at this stage. The prayer for bail is
hereby rejected. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Soni Shrivastava, J)
Trivedi/-
U T
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