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Patna High Court

Naresh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, finding no specific case against them and noting that the principal accused were already in custody.

Summary

The petitioners, Naresh Rai and his three daughters‑in‑law, applied for anticipatory bail in connection with a murder case (Gangabridge PS Case No.149 of 2025) concerning the death of Nishu Kumari, who was married to their son Kundan Kumar. The prosecution alleged that the petitioners conspired with the husband and other family members to murder Nishu Kumari and dispose of her body in the Ganga River. The petitioners argued that no specific allegation was made against them, that the mother‑in‑law and the husband were already in judicial custody, and that they were caring for the child of the deceased. The State opposed the bail. Considering the lack of specific charges against the petitioners and the custody of the primary accused, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite the ongoing murder investigation.
  • Whether the absence of specific allegations against the petitioners justifies the grant of bail under Section 438 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • Section 438 CrPC
  • Section 482 S. 1
  • Bharatiya Nyaya Sanhita
  • family members liability
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11468 of 2026
                   Arising Out of PS. Case No.-149 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
           1.     Naresh Rai S/o Late Lala Rai R/o Village - Diwan Tok, P.S - Gangabridge,
                  District - Vaishali
           2.    Sinki Kumari @ Laxmi Kumari D/o Naresh Rai R/o Village - Diwan Tok,
                 P.S - Gangabridge, District - Vaishali
           3.    Nishu Kumari @ Nisha Kumari @ Rinki Kumari D/o Naresh Rai R/o
                 Village - Diwan Tok, P.S - Gangabridge, District - Vaishali
           4.    Chhoti Kumari D/o Naresh Rai R/o Village - Diwan Tok, P.S - Gangabridge,
                 District - Vaishali

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :      Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                        Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Gangabridge P.S. Case No.149 of 2025, F.I.R

                   dated 18.09.2025 registered for the offences punishable under

                   Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 17.09.2025, is

                   that the informant’s sister, Nishu Kumari, was married to

                   Kundan Kumar, son of Naresh Rai, on 05.05.2023 according to

                   Hindu rites and customs, and at the time of marriage, sufficient
Patna High Court CR. MISC. No.11468 of 2026(3) dt.01-04-2026
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          gifts including jewellery, clothes, utensils, and furniture worth

          about Rs.3 lakhs, along with Rs.2 lakhs in cash towards

          marriage expenses, were given. It is alleged that after the

          marriage, the husband and in-laws of the deceased began

          subjecting her to physical and mental cruelty while demanding

          an additional sum of Rs.4 lakhs for the purchase of a four-

          wheeler. The informant further alleged that on 16.09.2025 at

          about 10:00 P.M., he received information from villagers that

          his sister had been killed and her body had been thrown into the

          Ganga River, and upon making inquiries at her matrimonial

          home, he came to learn that Kundan Kumar, his family

          members, and the petitioners had, in furtherance of a conspiracy,

          murdered Nishu Kumari and caused disappearance of the dead

          body.

                      4. Learned counsel for the petitioners submits that the

          petitioner No.1 is father-in-law of the deceased and petitioner

          Nos.2 to 4, are married sisters-in-law of the deceased and there

          is nothing specific against these petitioners while the mother-in-

          law was taken into judicial custody and she is on bail and it has

          further been submitted that the husband of the deceased, who is

          also under judicial custody and is still languishing in jail. It has

          next been submitted that out of the wedlock between the
Patna High Court CR. MISC. No.11468 of 2026(3) dt.01-04-2026
                                            3/4




          deceased and her husband, namely, Kundan Rai, there is one

          child aged about one year, who is staying in the family along

          with them and are being looked after by the petitioner.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is nothing specific against these petitioners and the

          mother-in-law and husband of the deceased have already been

          taken into judicial custody, while the husband is still languishing

          in jail. Accordingly, this Court is inclined to grant the privilege

          of anticipatory bail to the petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Judicial Magistrate 1st Class, Vaishali at Hajipur, in

          connection with Gangabridge P.S. Case No.149 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family
           Patna High Court CR. MISC. No.11468 of 2026(3) dt.01-04-2026
                                                       4/4




                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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