Patna High Court
Viswnath Sahni @ vishwanath SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The petition is rejected, with the trial court directed to decide the case by 31 July 2026.
Summary
The petitioner, Vishwanath Sahni, is in judicial custody for offences including dowry death and related IPC sections arising from a case registered on 8 December 2022. The prosecution alleges that the petitioner tortured his wife for dowry, leading to her death. The petitioner filed a criminal miscellaneous petition seeking relief, but the High Court noted the trial court had already fixed dates for argument and was to pass judgment soon. The trial court assured a decision by 31 July 2026. Accepting this timeline, the High Court rejected the miscellaneous petition, directing the trial court to decide the matter within the stipulated period.
Issues considered
- What relief, if any, could be granted to the petitioner through a criminal miscellaneous petition pending the trial court's decision?
Legislation cited
- Indian Penal Code — s. 201, 304B, 323, 34, 341, 504, 506
Subjects
- criminal procedure
- dowry death
- judicial custody
- IPC sections
- high court order
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67201 of 2025
Arising Out of PS. Case No.-581 Year-2022 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Viswnath Sahni @ vishwanath Sahni S/o Nagendra Sahni R/o Village- Uttri
Dhawaun, P.S.- Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 17-04-2026 Heard the parties.
2. The petitioner is in judicial custody in connection
with S.Tr. No. 677 of 2023 arising out of Patori P.S. Case No.
581 of 2022 registered for the offence under Sections 341, 323,
304(B), 201, 504, 506 and 34 of the Indian Penal Code, lodged
on 08.12.2022 by the informant Adalat Mahto.
3. As per the prosecution story, the informant alleged
that the victim lady was married to this petitioner but was
regularly tortured for dowry and on 06.12.2022, they came to
know about her killing. Accordingly, the F.I.R.
4. A report was called from the learned Additional
Sessions Judge-II, Samastipur regarding the stage of the trial
and the report dated 08.04.2026 shows that the matter was fixed
for argument on 09.04.2026 after defence evidence got closed
Patna High Court CR. MISC. No.67201 of 2025(6) dt.17-04-2026
2/2
on 02.04.2026.
5. The Trial Court has informed that the
order/judgment shall be passed in the matter at an earliest.
6. Accepting from the Trial Court to take a decision
latest by 31.07.2026, for the present, the Cr. Misc. No. 67201 of
2025 is rejected.
(Rajiv Roy, J)
Ravi/-
U T
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