Sikendra Kumar @ Sikendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18733 of 2026 Arising Out of PS. Case No.-101 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Sikendra Kumar @ Sikendra Sah Son of Akildev Sah Resident Of Village - Ward No. 10, Bari Ballia, Siraja, Ps- Barki Balia, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP For the Informant :

Mr. Shubhash Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 101 of 2024 dated 24.03.2024 registered for the offences punishable under Sections 304B, 34 of I.P.C. and Section 3⁄4 of D.P. Act.

3. As per the prosecution case, the informant's sister was married with the petitioner in the year 2022, whereafter, she went to her matrimonial house and lived there happily for few days. It is alleged that dowry demand to the tune of Rs. 2 lakhs was made from the informant's sister by all the accused persons including this petitioner. It is further alleged that when the demand did not come to be fulfilled, physical and mental torture

2/4 were meted out to his sister. It is further alleged that his sister had called the informant and had apprised him about the torture and her apprehension to be killed at the hands of the petitioner and co-accused persons. It has further been alleged that on 23.03.2024, the informant received a telephonic call from the villagers of the matrimonial house of his sister that his sister has died, pursuant to which the informant reached matrimonial house of his sister where he was found his sister lying dead and accused persons having been absconded from the house.

4. Learned counsel for the petitioner submits that petitioner had approached this Court in connection with his anticipatory bail which came to be dismissed with a liberty to file a fresh application before the trial court if he has sufficient reason for apprehension of his arrest. It has been submitted that petitioner was not initially made accused in this case and the FIR was lodged against the co-accused persons. It has further been submitted that after thorough investigation the police has submitted charge-sheet under Section 304B, 306 and 34 of the Indian Penal Code. Learned counsel for the petitioner further referring to the post-mortem report has submitted that the autopsy surgeon has opined the death of the deceased due to asphyxia as a result of above mentioned injuries caused by

3/4 hanging and no external or internal injuries apart from the above mentioned said injuries as a result of hanging was not found on the person of the deceased. It has further been submitted by learned counsel for the petitioner referring to Paragraph-30 of the case diary that the deceased used to live along with her mother-in-law in the house and the entire family members including this petitioner used to work at Ludhiana to make their ends meet and the deceased was used to live in depression and the deceased in a heat of passion and spur of moment probably committed suicide as all the male members since 8 to 9 months were at Ludhiana and still all the male members used to reside in Ludhiana. It has lastly been submitted that petitioner is in custody since 19.12.2025 and has got no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and have submitted that petitioner is the husband of the deceased. There is strong presumption against him and the case has been lodged under Section 304B. The petitioner happens to be the main accused in this case.

6. Heard the parties and perused the record, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)

4/4 with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Ballia P.S. Case No. 101 of 2024.

7. The application stands allowed.

(Praveen Kumar, J) shivam/- U T