Patna High Court
Haldhar Sah @ Haladar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Haldhar Sah, was arrested in connection with a murder case (Supaul P.S. Case No. 440 of 2024) under Sections 302 and 34 of the Indian Penal Code, alleged to have killed his wife over a dowry demand. He contended that the death was accidental, claiming the deceased fell while fetching water, and asserted his innocence, noting a clean antecedent and that only two of seven witnesses had been examined. The State opposed bail, but the court considered the facts, the length of custody since July 2024, and the delay in trial. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order was limited to the bail matter and did not express any opinion on the merits of the underlying murder charge.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302 and 34 IPC considering the circumstances of the alleged dowry death, length of custody, and trial delay.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- dowry death
- IPC
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91852 of 2025
Arising Out of PS. Case No.-440 Year-2024 Thana- SUPAUL District- Supaul
======================================================
Haldhar Sah @ Haladar Sah Son of Late Dukhi Sah Resident of Village -
Ghuran, Ward No.- 06, Police Station - Supaul, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Supaul
P.S. Case No. 440 of 2024, S.T. No. 45 of 2025, registered for
the offence punishable under Sections 302, 34 of I.P.C.
3. As per the prosecution case, the petitioner is
husband of the deceased. He is said to have killed the deceased
for demand of dowry.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. It has been further submitted that while
the deceased had gone to fetch water from the hand-pump, she
had fallen down and sustained head injuries which is supported
Patna High Court CR. MISC. No.91852 of 2025(5) dt.27-04-2026
2/2
by the witnesses. The deceased and the petitioner have two
children. The petitioner is in custody since 09.07.2024 having
clean antecedent. Out of seven witnesses only two witnesses
have been examined.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, period of custody and the delay in trial, this application is
allowed. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge-V, Supaul
/concerned Court below in connection with Supaul P.S. Case
No. 440 of 2024.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
sanjeev/-
U T
Checking your session…