Patna High Court
Sanif ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Bail cannot be granted as the trial is ongoing, in accordance with the Supreme Court precedent.
Summary
The petitioner, Sanif Shah, is in custody for alleged dowry death under IPC sections 304B, 201 and 34, based on a complaint that his wife was poisoned. The petitioner contends that his wife committed suicide, and thus he should be granted bail. The trial court has examined two of seven witnesses, and the trial is ongoing. The Patna High Court, relying on the Supreme Court’s decision in Lal Muni Devi v. State of Bihar (Cr. Appeal No. 1626 of 2026), held that bail should not be granted while the trial is in progress. Consequently, the bail application was rejected.
Issues considered
- Whether bail can be granted to an accused in a dowry death case when the trial is ongoing
- Whether the Supreme Court precedent in Lal Muni Devi v. State of Bihar applies to deny bail
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- presumption of guilt
- trial pending
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74378 of 2025
Arising Out of PS. Case No.-144 Year-2023 Thana- KURTHA District- Jehanabad
======================================================
Sanif Shah Son of Md. Sharif Sah Resident of Village- Dhamaul, Ps- Kurtha,
Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Singh, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 03-04-2026 Heard the parties.
2. The petitioner is in custody in connection with
Kurtha P.S. Case No. 144 of 2023 for the offence punishable
under sections 304(B), 201/34 of the Indian Penal Code lodged
on 11.05.2023 by the informant, Muniza Khatoon.
3. As per the prosecution story, the informant alleged
that his daughter was married to the petitioner in the year 2022
but was always tortured for dowry. Further, on 10.05.2023, the
deceased informed her parents that she has been poisoned. As
they reached there, the deceased/body was not there and
believing that she has been buried, the FIR.
4. The petitioner is the husband and as recorded
above, the lady informed that she has been poisoned and may
die soon.
Patna High Court CR. MISC. No.74378 of 2025(5) dt.03-04-2026
2/2
5. The case of the petitioner is that she herself
committed suicide but being the husband got implicated.
6. Earlier, the Trial Court Report was called and
according to the report dated 20.02.2026, two out of seven
witnesses have already been examined.
7. Considering the aforesaid facts and the allegation
that has come and further the trial is on, in view of the order
passed by the Hon’ble Supreme Court in the case of Lal Muni
Devi vs. State of Bihar and Ors. (Cr. Appeal No. 1626 of
2026), wherein it has been observed that if the trial is on, relief
may not be extended, in this background, the relief sought for is
denied.
8. The bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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