Patna High Court
Sudhir Rai @ Sudhir Kumar @ Sudhir Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for regular bail.
Summary
The petitioner, Sudhir Rai, husband of the deceased, was arrested in connection with a dowry‑death case (IPC 304B, 34 and Dowry Prohibition Act 3, 4) registered as Danapur P.S. Case No. 87/2009. He contended that he was falsely implicated, that the deceased died from burn injuries, and that the trial had been unduly delayed with no witnesses examined since charges were framed on 20‑09‑2025. He had been in custody since 29‑01‑2025, had no prior criminal record, and pledged to cooperate with the trial. The State opposed regular bail. Considering the prolonged pre‑trial detention, lack of trial progress, and the petitioner’s clean record, the Court allowed the application for regular bail, directing the petitioner to appear at every trial date and furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to an accused in a dowry‑death case despite the seriousness of the offences.
- Whether the delay in trial and lack of witness examination justify bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- Dowry Prohibition Act
- trial delay
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91523 of 2025
Arising Out of PS. Case No.-87 Year-2009 Thana- DANAPUR District- Patna
======================================================
Sudhir Rai @ Sudhir Kumar @ Sudhir Kumar Rai S/O Ramlayak Rai R/o
Vill- Gosai Tola, P.S.- Danapur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Danapur
P.S. Case No. 87/2009 registered for the offences punishable under
Sections 304(B), 34 of the I.P.C. and Section 3/ 4 of the D.P. Act.
3. As per the prosecution case, petitioner and others are
accused of killing the deceased. Petitioner is the husband of the
deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the deceased died due to
burn injuries and one U.D. case was registered and subsequently,
this FIR has been registered. Learned counsel further submits that
the trial is being delayed by the prosecution and though the
Patna High Court CR. MISC. No.91523 of 2025(4) dt.23-04-2026
2/2
charges have been framed on 20.09.2025 but till now, not even a
single witness has been examined. Petitioner has no criminal
antecedent and he is in custody since 29.01.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer for
regular bail of the petitioner.
6. Considering the aforesaid facts, the delay in trial and
the period of custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.D.J. VII, Danapur, Patna concerned
Court below in connection with Danapur P.S. Case No. 87/ 2009
and subject to following condition:-
(I) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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