Patna High Court
Jitendra Kumar @ Jitendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 304B, 34
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
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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
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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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