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Patna High Court

Rajesh Sahani @ Rakesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to strict conditions.

Summary

The petitioner, Rajesh Sahani, brother‑in‑law of the deceased, was arrested in a dowry‑death case (PS‑133/2025) under Sections 80 and 238 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with family members, tortured and killed the deceased for dowry demands and concealed her body. The petitioner contended that he was falsely implicated, had no specific allegation against him, no criminal antecedent, and that the deceased’s husband was already in custody. The State opposed bail, but the court noted the husband’s custody, the petitioner’s prolonged detention since 27‑08‑2025, and lack of direct evidence. Consequently, the court granted bail subject to a Rs.15,000 bond, two sureties, and conditions of appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

  • Whether bail should be granted to the petitioner in a dowry‑death case under Sections 80 and 238 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
  • Whether the petitioner’s alleged involvement is sufficiently specific to justify continued custody.

Legislation cited

Subjects

  • dowry death
  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 238
  • false implication
  • witness tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79048 of 2025
                 Arising Out of PS. Case No.-133 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Rajesh Sahani @ Rakesh Sahani S/o Shambhu Sahani Resident of village -
                 Dipau Pakari, P.S - Mohammadpur, District -Gopalganj, State - Bihar

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ranjan Kumar Srivastava, Advocate
                 for the informant        :     Mr. Rajesh Ranjan, Advocate
                                                Mr. Himanshu Ranjan, Advocate
                 For the Opposite Party/s :     Mr.Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State. Perused

                   the case diary.

                                2. The petitioner seeks bail in connection with

                   Mohammadpur P.S. Case No. 133 of 2025, instituted for the

                   offences under Sections 80 and 238 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry and concealed her

                   dead body.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.79048 of 2025(3) dt.11-02-2026
                                            2/3




          Petitioner is the brother-in-law (Jeth) of the deceased. Learned

          counsel for the petitioner submits that general and omnibus

          allegation has been made against the petitioner. No specific

          overt act is alleged against the petitioner. Learned counsel

          further submitted that petitioner is separate in mess and business

          and has got no concern in the family affairs of the deceased and

          her husband. Husband of the deceased is already in custody.

          Charge-sheet has been submitted in this case. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 27.08.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, husband of the deceased being in custody, as also

          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 in connection with Mohammadpur P.S. Case No. 133 of

          2025, subject to the following conditions:
           Patna High Court CR. MISC. No.79048 of 2025(3) dt.11-02-2026
                                                       3/3




                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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