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Patna High Court

Niraj Sigh @ Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
                                                       3/3




                     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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