Patna High Court
Mithilesh Rai @ Honiya @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, directing the petitioner to be released on bail subject to conditions.
Summary
The petitioner, Mithilesh Rai, sought regular bail in a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged murder of his wife. His earlier bail application had been rejected in November 2024. The petitioner argued innocence, that only charges had been framed, and that he had been in custody since December 2023. The State opposed the bail. Considering the lengthy period of custody and the delay in trial, the Patna High Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear regularly in court, warning that non‑cooperation would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under Sections 304B and 34 IPC.
- Whether the delay in trial and prolonged custody justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- regular bail
- IPC 304B
- IPC 34
- dowry death
- criminal procedure
- delay in trial
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85212 of 2025
Arising Out of PS. Case No.-688 Year-2023 Thana- SAHPUR District- Patna
======================================================
Mithilesh Rai @ Honiya @ Mithilesh Kumar Son of Late Shohrayee Rai R/v-
Daudpur, Ward no.-1, P.S. -Sahpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Shivam Sinha
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Sahpur P.S. Case No. 688 of 2023
registered for the offence under Sections 304B/34 of the Indian
Penal Code. Earlier the bail application of the petitioner was
rejected on 20.11.2024 in Cr. Misc. No. 56531 of 2024.
3. As per the prosecution case, the petitioner is the
husband of the deceased. He is accused of killing the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 21.12.2023. He further submits
that only charges have been framed till date.
5. Learned A.P.P. has vehemently opposed the prayer
Patna High Court CR. MISC. No.85212 of 2025(2) dt.31-01-2026
2/2
for bail.
6. Considering the period of custody and the delay in
the trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-V,
Danapur/concerned Court below in connection with Sahpur P.S.
Case No. 688 of 2023 subject to condition the petitioner shall
appear in the trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-cooperation in
the trial shall result in cancellation of the bail bonds of the
petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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