Patna High Court
Rajesh Sahani @ Rakesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 80
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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