Patna High Court
Vikram RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail may be granted where the FIR is shown to have been filed on a mistake of fact and the accused has no prior criminal record, subject to a bond and sureties.
Summary
Vikram Rai was arrested in a case alleging murder of an informant’s daughter under Sections 304B, 201 and 34 of the Indian Penal Code, purportedly over a dowry dispute. The petitioner contended that the daughter actually died of a heart attack and that the FIR was filed on a mistake of fact, as reflected in an application filed by the informant and recorded by the trial court. The State opposed bail, relying on the FIR allegations, while the petitioner highlighted his lack of prior criminal record and the informant’s admission of error. The court examined the informant’s application, the report of the Sessions Judge, and the fact that charges had been framed but found no compelling reason to deny bail. Consequently, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance in court. The decision underscores that a mistake of fact in the FIR and the absence of antecedent criminal history can justify bail even in serious offences.
Issues considered
- Whether bail can be granted to an accused of offences under Sections 304B, 201 and 34 of the IPC when the FIR is alleged to have been filed on a mistake of fact.
- Whether the framing of charges and the seriousness of the alleged offences preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- murder
- mistake of fact
- Indian Penal Code
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79972 of 2025
Arising Out of PS. Case No.-65 Year-2024 Thana- MAHNAR District- Vaishali
======================================================
Vikram Rai S/o- Ramchandra Rai Resident of Village-Ishakpur Police
Station-Mahnar, Dist- Hajipur at Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar
: Ms. Priyam Kumari
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 304(B), 201/34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner along
with other co-accused persons is said to have killed the
daughter of the informant due to non-fulfillment of dowry
demand.
4. Learned counsel for the petitioner submits that
the petitioner, who is the husband of the deceased along with
his family members has falsely been made accused in the
Patna High Court CR. MISC. No.79972 of 2025(7) dt.27-02-2026
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present case although the daughter of the informant had died on
account of heart attack and the informant realizing her mistake
filed an application before the Court concerned, which is
Annexure-P/2 bringing the said facts on record. The petitioner
is in custody since 27.08.2025 with no criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. A report had been called for with regard to the
stage of the case, which indicates that charges have already
been framed on 15.01.2026 and an application along with
power has been filed on 03.05.2024 by the informant which is
part of the record and the said application has also been
brought on record by the learned Trial Court along with the
report with regard to the stage of the trial which indicates that
the informant had lodged the F.I.R. on a mistake of fact.
7. Taking into consideration the facts and
circumstances and considering the fact that the informant has
filed an application with regard to the case being instituted on
mistake of fact and such application, being part of the record
even as per the report of the learned Sessions Judge, Vaishali at
Hajipur, let the above named petitioner, be released on bail on
Patna High Court CR. MISC. No.79972 of 2025(7) dt.27-02-2026
3/3
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate-Ist Class, Vaishali at Hajipur
/concerned Court below in connection with Mahnar P.S. Case
No. 65 of 2024, subject to the following conditions:
(i) The petitioner shall remain physically
present in court on each and every date during trial and
in the event of failure on two consecutive dates without
sufficient reasons, his bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U
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