Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16895 of 2026 Arising Out of PS. Case No.-222 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Rakesh Sah S/O Akshaylal Sah @ Achchelal Sah Resident of Village - Eakauna, Akauna, Chorma, Ward No. 06, P.S. - Pakridayal, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 80, and 3(5) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 20.05.2025 and the informant alleges that his daughter was married to petitioner on 29-5-2023, further on 19-5-2025 at

Patna High Court CR. MISC. No.16895 of 2026(2) dt.06-05-2026 2/3 12 midnight the petitioner along with named accused persons strangulated the victim to death for not giving motorcycle in dowry.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of demand of dowry and torture is general and omnibus in nature. It is further submitted that informant is not an eyewitness to the occurrence and the entire allegation hinges around suspicion and family members of the petitioner also came to be implicated.

5. The learned APP for the State opposes the regular bail application of the petitioner and submits that daughter of the informant was married to the petitioner on 29.05.2023 and the victim died within seven years of marriage, as such, presumption in law is against the petitioner. It is further submitted that from perusal of the order impugned, it would manifest that the same records the cause of death as asphyxia due to throttling, it is thus submitted that it appears that the victim was strangulated to death.

6. At this stage, the learned counsel appearing on

Patna High Court CR. MISC. No.16895 of 2026(2) dt.06-05-2026 3/3 behalf of the petitioner submits that charges against the petitioner stand framed, on which the learned APP submits that if charges have been framed that amply demonstrates that trial has commenced.

7. After hearing the learned counsel for the parties, the Court is not inclined to release the petitioner on bail.

8. Accordingly, the instant regular bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T