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Patna High Court

Satendra PrajapativersusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The application for regular bail was rejected.

Summary

Satendra Prajapati, the husband of a deceased woman, was arrested in connection with the alleged killing of the informant's sister over a dowry demand of Rs.5 lakh and a four-wheeler. He applied for regular bail under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, claiming false implication and citing lack of supporting evidence in the investigation and post‑mortem report. The State opposed the bail, relying on a viscera report that indicated a suspected homicidal hanging. After hearing both sides, the Court found the allegations serious and the forensic findings indicative of homicide, and therefore refused to grant bail. The trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the nature of the allegations and the forensic evidence.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • homicide
  • Bharatiya Nyaya Sanhita
  • section 80
  • section 3
  • post‑mortem report
  • viscera report
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73360 of 2025
                      Arising Out of PS. Case No.-56 Year-2025 Thana- TANDWA District- Aurangabad
                 ======================================================
                 Satendra Prajapati Son of Late Mithilesh Prajapati, Resident of Village-
                 Ramnagar Suryapura PS- Tandwa, District -Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Sr. Advocate
                                                  Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Tandwa P.S. Case no.56

                   of 2025 registered under sections 80(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the petitioner who

                   happens to be the husband of the deceased along with other

                   accused persons are said to have killed the sister of the

                   informant for non-fulfillment of the demand of dowry by way of

                   Rs.5 lacs in cash and a four-wheeler vehicle.

                                 4. Learned Senior Counsel for the petitioner submits

                   that the petitioner has been falsely implicated in the case.

                   Learned Senior counsel has taken the Court through the material

                   that has transpired in course of investigation including the
            Patna High Court CR. MISC. No.73360 of 2025(3) dt.21-01-2026
                                                        2/2




                      information given to the police and the contents of the inquest

                      report to submit that they do no support the prosecution case.

                      No case under section 80 of the Bharatiya Nyaya Sanhita, 2023

                      is made out and the postmortem report also does not support the

                      allegations levelled by the informant. The petitioner is in

                      custody since 5.7.2025, charge-sheet has been submitted in the

                      case and he has no criminal antecedent.

                                   5. The prayer for bail is opposed by learned A.P.P for

                      the State who submits that the viscera report has been received

                      wherein the cause of death is opined to be suspected homicidal

                      hanging.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the F.I.R. against the

                      petitioner who happens to be the husband of the deceased of

                      having made a demand of Rs.5 lacs in cash and a four-wheeler

                      vehicle by way of dowry and of having killed her together with

                      the contents of the viscera report, the Court is not inclined to

                      enlarge the petitioner on bail and the application is rejected.

                                   7. Learned trial Court is directed to expedite the trial.



                                                      (Partha Sarthy, J)
avinash/-

U      T


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