Patna High Court
Shekh IstekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Shekh Istekhar, applied for regular bail in a dowry‑death case (Sessions Trial No.889 of 2025) under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was tortured and killed for non‑payment of a Rs.5 lakh dowry, implicating the petitioner as the father‑in‑law. The petitioner contended that the allegations were false and that he had no prior criminal record, having been in custody since 24‑August‑2025. The State opposed the bail, but the court considered the chargesheet, the length of custody, and the petitioner’s lack of antecedents. The High Court ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions of personal appearance and cooperation, with the power to cancel bail for non‑compliance.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the charges and the fact that a chargesheet has been filed.
- Whether the petitioner’s alleged involvement in a dowry‑death warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- regular bail
- dowry death
- criminal procedure
- Bharatiya Nyaya Sanhita
- section 80
- section 3(5)
- West Champaran
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91976 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- MATIYARIA District- West Champaran
======================================================
Shekh Istekhar S/o Late- Shekh Ishlam R/o Village- Badharwa, P.S.-
Matiyariya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.889 of
2025 (arising out of Matiyaria P.S. Case no.82 of 2025)
registered under sections 80 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant who was married to the son of the petitioner herein
was tortured for non-fulfillment of dowry by way of Rs.5 lacs
and ultimately she was done to death.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The allegation
of torture and demand of dowry etc. are all false and concocted.
The petitioner happens to be the father-in-law of the deceased.
Patna High Court CR. MISC. No.91976 of 2025(4) dt.01-04-2026
2/3
The husband of the deceased is in judicial custody. The
petitioner is in custody since 24.8.2025 and has no criminal
antecedent. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the petitioner
being the father-in-law of the deceased who is in custody for
more than 7 months since 24.8.2025, chargesheet having been
submitted in the case and the husband of the deceased being in
custody, the Court directs the petitioner to be enlarged on bail in
connection with Sessions Trial no.889 of 2025 (arising out of
Matiyaria P.S. Case no.82 of 2025) on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge 9th, Bettiah, West Champaran on the
following conditions:
(i) The petitioner shall remain physically present in
Court on each date of the trial and shall cooperate in the trial.
(ii) In case the petitioner is absent on any single date
for reasons not to the satisfaction of the learned trial Court or in
Patna High Court CR. MISC. No.91976 of 2025(4) dt.01-04-2026
3/3
case the learned trial Court is of the opinion that the framing of
charge or the trial is being delayed due to non-cooperation on
part of the petitioner, the learned trial Court may cancel the bail
bond of the petitioner and take him into custody till conclusion
of the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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