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Patna High Court

Vijay BhagatversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was denied.

Summary

The petitioner, Vijay Bhagat, was arrested in connection with a dowry death case (PS Case No. 11 of 2023) and charged under IPC sections 498A, 304B, 120B and Dowry Prohibition Act sections 3 and 4. He claimed innocence, stating he never demanded dowry and that the deceased died in a kitchen fire, and sought regular bail. The State opposed bail, emphasizing the specific accusations that the petitioner participated in the murder due to dowry demands. The High Court, considering the seriousness of the charges and the nature of the allegations, rejected the bail application. Additionally, the Court directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether regular bail should be granted to the accused in a dowry death case under IPC sections 498A, 304B, 120B and Dowry Prohibition Act sections 3 and 4.
  • Whether the nature and gravity of the accusations justify denial of bail.

Legislation cited

Subjects

  • dowry death
  • regular bail
  • IPC 304B
  • IPC 498A
  • Dowry Prohibition Act
  • criminal procedure
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91372 of 2025
                  Arising Out of PS. Case No.-11 Year-2023 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Vijay Bhagat S/o Sachidanand Bhagat R/o Village- Basantpur, P.S.-
                 Sahebganj, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Jee Mishra, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Chhatauni P. S. Case No. 11 of 2023 registered for the offences

                   punishable under Sections 498A, 304B and 120B of the Indian

                   Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

                                3. It is a case of dowry death. As per prosecution case,

                   marriage of daughter of informant was solemnized with this

                   petitioner on 27.01.2014 as per Hindu rites and rituals. It is

                   alleged that thereafter, all the F.I.R. named accused persons,

                   including this petitioner, killed daughter of informant due to

                   non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner
              Patna High Court CR. MISC. No.91372 of 2025(3) dt.11-03-2026
                                                          2/2




                        never demanded any dowry nor harassed her. Allegation against

                        petitioner is general and omnibus. As a matter of fact, deceased

                        died after catching fire while she was cooking in the kitchen.

                        Petitioner claims clean antecedent and is in custody since

                        26.05.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner is named in the

                        F.I.R. with specific accusation that he along with other accused

                        persons killed the deceased due to non-fulfillment of demand of

                        dowry.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        26.05.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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