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Patna High Court

Jitendra Kumar @ Jitendra SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, noting lack of incriminating injuries and prosecution delay.

Summary

Jitendra Kumar was arrested in a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged killing of his wife. He sought bail, contending that there were no external injuries on the deceased, that he was not present at the time of death, and that the prosecution’s delay violated his right to a speedy trial. The State and the informant opposed the bail but could not explain the non‑examination of private witnesses for over a year. The court observed the lack of incriminating injuries, the possibility of suicide, and the undue delay, and consequently allowed the bail application. The petitioner was ordered to be released on bail of Rs 10,000 with two sureties, subject to his cooperation in the trial, without prejudice to the merits of the case.

Issues considered

  • Whether bail should be granted in a case of alleged dowry death under IPC Sections 304B and 34
  • Whether the delay in trial infringes the petitioner’s right to a speedy trial
  • Whether the absence of external injuries and the petitioner’s alleged non‑presence at the time of death affect the bail decision

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC 304B
  • IPC 34
  • speedy trial
  • right to bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77722 of 2025
                    Arising Out of PS. Case No.-142 Year-2022 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Jitendra Kumar @ Jitendra Sahani S/o- Vinod Sahani R/v- Chhoti Kotihya Ps-
                 Mushari Dist- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nachiketa Jha, Advocate
                 For the State            :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   30-03-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Mushahari (Mushari) P.S. Case No. 142 of 2022 registered for

                   the offence punishable under Sections 304B/34 of the Indian

                   Penal Code.

                                 3. The allegation against the petitioner is of killing his

                   wife.

                                 4. Learned counsel for the petitioner submits that

                   from paragraph no. 2 of the case diary, it is evident from the

                   statement of the informant that the petitioner was working as a

                   labourer in Bangalore. He also submits that except for one

                   abrasion, there is no external injury to support the prosecution

                   case that the deceased was killed by the accused persons. He
Patna High Court CR. MISC. No.77722 of 2025(5) dt.30-03-2026
                                            2/3




          further submits that the petitioner is in custody since 29.08.2024

          and it is the prosecution who is delaying the trial and only two

          witnesses out of five witnesses have been examined till date. He

          submits that the right of speedy trial of the petitioner is being

          violated and he cannot be kept indefinitely in custody as bail is

          the Rule and jail is an exception.

                       5. Learned counsel for the State and the informant

          have vehemently opposed the prayer for bail but the learned

          counsel for the informant could not explain the non-examination

          of private witnesses for the last more than one year though his

          submission is that the petitioner has allegedly killed his wife.

                       6. I have considered the submissions of the parties.

                       7. From the record, it appears that the petitioner was

          not there when the deceased died/committed suicide. There is no

          external injuries on the dead body of the deceased except the

          ligature mark/bruise, further it appears that the prosecution is

          delaying the trial.

                       8. Considering the aforesaid, this application is

          allowed.

                       9. Let the petitioner, above named, be released on bail

          on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.77722 of 2025(5) dt.30-03-2026
                                                       3/3




                     J.M.1st Class, Muzaffarpur (East)/ concerned Court in

                     connection with Mushahari (Mushari) P.S. Case No. 142 of

                     2022, subject to the condition that the petitioner will co-operate

                     in the trial.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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