Baiju Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 52479 of 2025 Arising Out of PS. Case No.-331 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Baiju Sahni aged about 28 years, S/o Nanhaki Sahni@Nanhku Sahni @ Ram Pratap Sahni R/o Village- Phulbariya, PS- Bibhutipur, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Khushi Awadh, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bibhutipur PS Case No. 331 of 2020 dated 10-11-2020 instituted for the offence punishable under Sections 304B and 201 of the Indian Penal Code.
3. Allegation against the petitioner is that he along with co-accused, is alleged to have killed the informant's sister due to non-fulfillment of demand of dowry and disappeared her dead body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is the husband of the deceased. From bare perusal of the FIR, it would
Patna High Court CR. MISC. No. 52479 of 2025(4) dt.15-11-2025 2/3 appear that the allegations against the petitioner and his family are general and omnibus, and no specific allegations have been levelled against them. The marital relationship between the petitioner and the deceased was cordial and there is no possibility that the petitioner or his family members would assault or kill the deceased for non fulfillment of demand of dowry. It is further submitted that for reasons unknown, the informant and his family becoming hostile towards the petitioner after the marriage and frequently pressured the deceased to separate from him. The petitioner has been in custody since 05-03-2025 and has no prior criminal antecedents.
5. On the other hand, learned APP for the State has opposed the bail application and submitted that the petitioner, being the husband of the deceased, is primarily responsible for her safety and well being. It is alleged that owing to the nonfulfillment of a demand of Rs. 5,00,000/- for business purposes, the petitioner, along with his family members, subjected the deceased to harassment and ultimately caused her death, thereafter disposing of her body. The deceased is stated to have died within one year of marriage, and in such circumstances, the petitioner cannot negate the presumption of culpability that arises under the law.
Patna High Court CR. MISC. No. 52479 of 2025(4) dt.15-11-2025 3/3
6. Having regard to the nature and gravity of the accusations, the circumstances surrounding the death of a young woman within a short span of her marriage, and the allegation of deliberate disposal of the body to conceal the offence, this Court does not find the present case fit for grant of bail to the petitioner.
7. However, the learned Trial Court is directed to expedite the trial and take all endeavour to conclude the trial at the earliest, preferably, within a period of nine (9) months from the date of receipt or production of a copy of this order.
8. Accordingly, the bail application stands rejected. (Khatim Reza, J) shyambihari/- U