Patna High Court
Satendra PrajapativersusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
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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