Patna High Court
Visheshwar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, subject to strict conditions.
Summary
Visheshwar Sahni applied for anticipatory bail fearing arrest in a dowry‑death case (Shahpur Patori PS Case No. 581 of 2022) involving offences under Sections 341, 323, 304(B), 201, 504, 506, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that he participated in demanding dowry and that the informant's daughter was killed when the demand was not met. The petitioner contended that he was merely a marriage mediator, not a family member of the accused, had no criminal record, and was being falsely implicated to coerce him. The State opposed the bail, arguing the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under CrPC Section 438(2) and BNSS Section 482(2), directing the petitioner to appear at each trial date and cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious offences alleged.
- Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the investigation.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite the gravity of the charges.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure — s. 438
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 201, 304B, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- dowry death
- false implication
- Indian Penal Code
- Dowry Prohibition Act
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68859 of 2025
Arising Out of PS. Case No.-581 Year-2022 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Visheshwar Sahni S/o Late Jageshwar Sahni R/o Village- Jalalpur, P.S.-
Mahanar, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar, Adv
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Shahpur Patori P.S. Case No. 581 of 2022 dated
08.12.2022 registered for the offences punishable under
Sections 341, 323, 304(B), 201, 504, 506 and 34 of the Indian
Penal Code and Sections 3/4 of the D.P. Act.
3. As per the prosecution case, the petitioner is
alleged to be a man who was involved in demanding dowry and
on account of the non-fulfillment of the same, the daughter of
the informant was done to death.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case merely
because he had played a role of mediator at the time of
Patna High Court CR. MISC. No.68859 of 2025(4) dt.21-01-2026
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marriage. It has further been submitted that the petitioner is not
the immediate family member of the husband of the deceased
and he is resident of another place. It has furhter been submitted
that only to coerce the petitioner to take side of the informant,
the petitioner has falsely been implicated. It has lastly been
submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Shahpur Patori P.S. Case No. 581 of
2022, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of BNSS as well as subject to the
following conditions:-
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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