Patna High Court
Vijay BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 304B, 498A
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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