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Patna High Court

Shekh IstekharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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