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Patna High Court

Sachin Ray @ Sachin Kumar @ Sachin RaiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sachin Ray, was charged under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing the daughter of an informant over a dowry demand. The petitioner argued that the FIR was delayed, his wife had committed suicide, and the forensic science laboratory report showed no poison, contending he had no criminal antecedent and had been in custody since 11‑04‑2025. The State opposed bail, emphasizing the petitioner’s alleged participation in the homicide. The court noted that the post‑mortem report recorded a ligature mark, cervical vertebrae fracture, and tracheal compression, indicating homicide, and held that the petitioner, as the husband, bore responsibility for his wife's welfare. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of evidence and the alleged involvement of the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • dowry death
  • Bharatiya Nyaya Sanhita
  • post‑mortem
  • forensic science report
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69828 of 2025
                     Arising Out of PS. Case No.-52 Year-2025 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Sachin Ray @ Sachin Kumar @ Sachin Rai Son of Jagdish Ray Resident of
                 Village - Mahisari, P.S.- Ujiarpur, District - Samastipur (Bihar).

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhubneshwar Mahto, Advocate
                                                  Mr. Aatish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   10-02-2026                    Heard learned 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 80 and 3 (5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                    3. The petitioner along with other co-accused is

                   said to have killed the daughter of the informant on non-

                   fulfillment of demand of dowry.

                                    4. It is submitted by learned counsel for the

                   petitioner that there is delay in lodging the F.I.R. and, as a

                   matter of fact, the wife of the petitioner had committed suicide.

                   It is further submitted that in the postmortem report the cause of

                   death has been reserved till the receipt of the F.S.L. report. The
            Patna High Court CR. MISC. No.69828 of 2025(4) dt.10-02-2026
                                                        2/2




                      F.S.L. report shows that there is no metalic, alkaloidal,

                      glycosidal, pesticidal or volatile poison could be detected. The

                      petitioner has no criminal antecedent and has been languishing

                      in custody since 11.04.2025.

                                      5. Learned APP for the State vehemently opposing

                      the bail petition submitted that the petitioner in association of

                      other co-accused has killed the daughter of the informant.

                                       6. Upon perusal of the records, it appears that no

                      doubt F.S.L. report does not indicate any poison etc. but in the

                      postmortem report itself, it is recorded that there is ligature

                      mark on front of neck with fracture of cervical vertebrae and

                      compression of trachea. The very fact that the petitioner, being

                      the husband of the deceased, is primarily responsible for the

                      welfare of his wife, I am not inclined to enlarge the petitioner

                      on bail. The prayer for bail is hereby rejected. However, the

                      learned Trial Court is directed to expedite the trial.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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