Bali Raut v. The State of Bihar

Nisha Devi W/O Bali Raut Resident of Village- Dhurwa Naya Tola, PS- Manuapul, Distt-West Champaran The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s

====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Sanjeev Kumar Shrivastava, Adv. Mr.Shyameshwar Dayal, A.P.P. ORAL ORDER 2 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Manuapool P.S. Case No. 134 of 2024, registered for the offences under Sections 103, 238(a), 3(5) of the BNS.

As per the prosecution case, police received secret information about petitioners and coaccused persons committing murder of the daughter of the petitioners. Police reached the house of the petitioners but did not find them and on further inquiry they came to know that they have gone for cremation of the dead body. Police reached the cremation place and not Patna High Court CR. MISC. No.41465 of 2025(2) dt.09-07-2025 finding the dead body there, searched the places nearby and the dead body of the daughter of the petitioners was recovered.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is no specific allegation against the petitioners and they have been made accused in this case merely on suspicion. The police investigated the matter and submitted charge sheet under Section 108, 238(A), 3(5) of the BNS. It shows the daughter of the petitioners committed suicide. The true fact of the case is that after some altercation with her mother, the petitioner no. 2, the deceased committed suicide and this fact is also corroborated from the post mortem report which shows death caused due to asphyxia as a result of hanging. There is no eye witness to the alleged occurrence and there is no material to show the involvement of the petitioners in the offences as alleged. The petitioners have clean antecedent. The petitioners are in custody since 04.04.2025 and charge sheet has been submitted.

Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners. Learned A.P.P. submits that there is specific allegation against the petitioners Patna High Court CR. MISC. No.41465 of 2025(2) dt.09-07-2025 and their family members for committing murder of their daughter. However, learned counsel concedes that charge sheet has been submitted against the petitioners under Section 108 and other allied sections of the BNS.

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the possibility of deceased committing suicide and also considering the relationship of the petitioners with the deceased and their period of custody and submission of charge sheet against them, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah/concerned court, in connection with Manuapool P.S. Case No. 134 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 petitioners. (ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court. (iii) In case of absence on three Patna High Court CR. MISC. No.41465 of 2025(2) dt.09-07-2025 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Anuradha/- U T