Mithilesh Sahni @ Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1516 of 2026 Arising Out of PS. Case No.-215 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Mithilesh Sahni @ Mithilesh Kumar S/o Wakil Sahni, R/o vill - Pakari, P.S.- Kanti, Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate Mr. Kamini Rani, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kanti P.S. Case No. 215 of 2024 dated 18.04.2024, registered for the offence punishable under Section 304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant was married with the petitioner and allegation against the petitioner and other co-accused persons is that they hanged the daughter of the informant, who died during treatment.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. From the FIR it is clear that the petitioner was not even present during the time of
Patna High Court CR. MISC. No.1516 of 2026(2) dt.15-01-2026 2/3 occurrence and was outside. It is also apparent from the FIR that it was the in-laws of the deceased who took her to hospital for treatment where she died during treatment. The true fact of the case is that the daughter of the informant tried to commit suicide by hanging herself. The daughter of the informant died after four days of treatment. Therefore, no case under Section 304B of the IPC is made out against the petitioner. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 29.08.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that daughter of the informant died in her matrimonial home.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of the petitioner during the occurrence and also considering the doubtful nature of allegation against him and further considering his period of custody, clean antecedent and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
Patna High Court CR. MISC. No.1516 of 2026(2) dt.15-01-2026 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st (West) Muzaffarpur / concerned Court, in connection with Kanti P.S. Case No. 215 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T