Patna High Court
Kapildeo SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, who are the father‑in‑law, brother‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail in a dowry death case registered under Sections 304B and 34 of the Indian Penal Code. The prosecution alleges that the petitioners, along with other co‑accused, tortured and killed the deceased for non‑payment of dowry. The petitioners contended that they have no involvement in the matter, maintain a clean record, and that the informant is not an eye‑witness. The State argued that the deceased died under unnatural circumstances within two years of marriage in the in‑laws’ house, indicating direct involvement of the petitioners. Considering the seriousness of the allegations and the nature of the offence, the Court rejected the prayer for anticipatory bail. Consequently, the petition for bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry death case under Sections 304B and 34 IPC.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- anticipatory bail
- IPC 304B
- IPC 34
- criminal law
- bail
- family relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57 of 2026
Arising Out of PS. Case No.-322 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
1. Kapildeo Sahni S/o Late Mahavir Sahni R/o Village - Sonaut, P.S -
Sahebganj, District - Muzaffarpur
2. Jitu Sahni S/o Kapildeo Sahni (But in Order Sheet wrongly typed as aged
about 58 Years) R/o Village - Sonaut, P.S - Sahebganj, District - Muzaffarpur
3. Rajpati Devi W/o Kapildeo Sahni (But in Order Sheet wrongly typed as
aged about 33 Years) R/o Village - Sonaut, P.S - Sahebganj, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Sahebganj P. S. Case
No. 322 of 2023 registered for the offences punishable under
Sections 304B/34 of the Indian Penal Code.
3. It is a case of dowry death. As per the prosecution
case, the daughter of informant got married with co-accused
Dharmendra Sahani two years ago. Later on, these petitioners
along with other co-accused persons started subjecting her to
torture and harassment for non-fulfillment of demand of dowry
and ultimately, accused persons killed the deceased.
Patna High Court CR. MISC. No.57 of 2026(3) dt.20-02-2026
2/2
4. Learned counsel for the petitioners submitted that
petitioner no. 1 is father-in-law, petitioner no. 2 is Bhaisur and
petitioner no. 3 is mother-in-law of deceased. Informant is not
an eye witness and only a suspicion has been raised against
these petitioners. Petitioners are separate in mess and property
and have got no concern with the affairs of deceased and her
husband. Thrust of accusation is against husband of the
deceased. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for
bail and submits that petitioners are in-laws of the deceased and
there is direct and specific allegation that they along with other
co-accused persons killed the deceased due to non-fulfillment of
dowry demand. The deceased died in unnatural circumstances
within 2 years of marriage in her matrimonial house.
6. Considering the nature of accusation and the fact
that deceased died in unnatural condition within 2 years of
marriage in her in-laws’ house, prayer for anticipatory bail of
the petitioners is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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