Patna High Court
Niraj Sigh @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner at this stage of the proceedings.
Summary
The petitioner, Niraj Sigh, husband of a woman allegedly killed over dowry demands, applied for bail in a case under Sections 103(1), 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges the deceased was murdered by her in‑laws, and the petitioner is said to bear the onus of explaining his wife’s death. The petitioner contended he has no criminal antecedent, was falsely implicated, and that the charge is vague with the cause of death not yet established. The State and the informant opposed bail, emphasizing the petitioner’s relationship to the victim and the need for his explanation. The Court, finding the onus on the husband and the seriousness of the allegations, refused bail, directed the trial court to expedite the trial, and allowed the petitioner to renew the bail application if the trial is not concluded within four months.
Issues considered
- Whether bail should be granted to the husband of the deceased in a dowry‑death case under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s lack of antecedents and claim of false implication outweigh the onus on him to explain the death.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 80
Subjects
- bail
- dowry death
- homicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- onus of explanation
- husband as accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85267 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Niraj Sigh @ Niraj Kumar Son of Sanjay Singh R/o Mohalla - Satyendra
Nagar Ward No. 6, P.S. - Aurangabad Town, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
For the Informant : Mr. Shailesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant. Perused
the case diary.
2. The petitioner seeks bail in connection with
Aurangabad (Town) P.S. Case No. 212 of 2025 instituted for the
offence under Sections 103(1), 80 & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case in short is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 23.04.2025. Petitioner
Patna High Court CR. MISC. No.85267 of 2025(3) dt.09-02-2026
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bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is the husband of the deceased. There is no
specific allegation attributed to the petitioner, rather allegation is
general and omnibus in nature. Learned counsel next submits
that cause of death is not ascertained as viscera report is
preserved. Other co-accused has been granted bail by this Court
vide order dated 09.09.2025, passed in Cr. Misc. No. 40420 of
2025.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. It is fervently submitted that petitioner,
being the husband of the deceased, bears the onus of explaining
the circumstances leading to her death. Learned counsel for the
informant submits that charge in this case is framed and one
witness is also examined.
7. Considering the aforesaid facts and circumstances
of the case and taking into account the fact that petitioner, being
the husband of the deceased, bears the onus of explaining the
circumstances leading to her death, this Court is not inclined to
Patna High Court CR. MISC. No.85267 of 2025(3) dt.09-02-2026
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grant bail at this stage. Prayer for bail is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
9. However, petitioner will be at liberty to renew his
prayer for bail, if the trial is not concluded within a period of
four months from the date of receipt/production of a copy of this
order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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