Patna High Court
Jitender Sahni @ Jitendra SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Jitender Sahni, was arrested in connection with a dowry‑related murder case (Simri P.S. Case No. 128 of 2024) under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner and co‑accused assaulted the informant’s father, leading to his death, after a dowry demand was not met. The petitioner claimed innocence, argued that no incriminating material was found on him, highlighted a six‑day delay in filing the FIR, and noted that a similarly situated co‑accused had already been granted bail. The State opposed bail, contending the seriousness of the offence. Considering the custody period, lack of direct evidence, and the precedent of bail to a co‑accused, the court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and trial attendance.
Issues considered
- Whether bail should be granted to an accused under Sections 302/34 IPC in a dowry‑related murder case.
- Whether the delay in lodging the FIR, absence of incriminating material on the petitioner, and prior bail to a co‑accused justify granting bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- dowry death
- IPC Section 302
- IPC Section 34
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77065 of 2025
Arising Out of PS. Case No.-128 Year-2024 Thana- SIMRI District- Darbhanga
======================================================
Jitender Sahni @ Jitendra Sahni S/o Ramu Sahni R/o Village - Kansi, P.S -
Simri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Simri P.S.
Case No. 128 of 2024, instituted for the offences punishable
under Sections 302/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner
along with other co-accused persons demanded dowry from the
informant and her father and on non-fulfillment of dowry from
the same, they abused and assaulted the informant’s father by
fists, slaps and lathi due to which father of the informant died in
course of his treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.77065 of 2025(3) dt.06-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that there is delay of six days in lodging the FIR.
No specific allegation has been attributed against the petitioner,
rather the same is general and omnibus in nature. The petitioner
is in custody since 18.08.2025 and has got no criminal
antecedent. Learned counsel for the petitioner further submits
that similarly situated co-accused has been granted regular bail
by this Court vide order dated 30.06.2025 passed in Cr. Misc.
No. 41918 of 2025.
5. Learned APP for the State and learned counsel for the
informant have vehemently opposed the prayer for grant of bail
to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing of
charge, if not already framed, on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
Patna High Court CR. MISC. No.77065 of 2025(3) dt.06-02-2026
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in connection with Simri P.S. Case No. 128 of 2024, subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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