Patna High Court
Sachin Ray @ Sachin Kumar @ Sachin RaiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
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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