Patna High Court

Rakesh Jha @ Rakesh Kumar JhaversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The bail application is allowed; the petitioner is to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Rakesh Jha, applied for regular bail in a murder case registered under Sections 80, 238 and 3(5) of the B.N.S., alleging that he was falsely implicated in the killing of a woman over a dowry dispute. The prosecution alleged that the deceased’s marriage was performed six years earlier and that the petitioner and co‑accused murdered her when dowry demands were not met. The petitioner contended he had no involvement, lived separately from the deceased, and pointed out inconsistencies such as a four‑day delay in filing the FIR and an incorrect marriage date. He also highlighted his clean antecedents and that the husband of the deceased was not named an accused. The State opposed bail, but the court, after considering the facts and the petitioner’s background, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The application was therefore allowed.

Issues considered

Whether bail should be granted in a murder case involving alleged dowry‑related homicide under Sections 80, 238 and 3(5) of the B.N.S.
Whether the delay in lodging the FIR and alleged factual inconsistencies justify granting bail
Whether the petitioner’s clean antecedent and the absence of the deceased’s husband as an accused affect the bail decision

Legislation cited

B.N.S. — s. 238, 3(5), 80

Subjects

bail
dowry death
murder
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14424 of 2026
                   Arising Out of PS. Case No.-245 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Rakesh Jha @ Rakesh Kumar Jha Son of Vishnu Jha @ Bishnu Jha @
                 Vishnukant Jha Resident of ward no. 04, Sahpur Chakhabib Sahpur, P.S.-
                 Bibhutipur, Dist- Samastipur, Bihar.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bibhutipur P.S. Case

                   No. 245 of 2025 dated 18.06.2025 registered for the offences

                   punishable under Sections 80, 238 and 3(5) of B.N.S.

                                3. As per the prosecution case, the informant alleged

                   that the marriage of daughter of the informant was solemnized

                   with co-accused Rajesh Jha as per the Hindu Rites and Customs

                   about six years ago and later on, the petitioner and others

                   committed murder due to non-fulfillment of dowry demand and

                   disappeared her dead body.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
           Patna High Court CR. MISC. No.14424 of 2026(2) dt.12-03-2026
                                                       2/2




                     case. He further submits that the husband of the deceased has

                     not been made an accused in this case. It is further submitted

                     that the petitioner live separately from the deceased and has no

                     concern with day to day affairs, moreover there is delay of four

                     days in lodging the FIR and the informant has falsely alleged

                     that the marriage took place six years ago rather the same took

                     place twelve years ago. It also submitted that there is general

                     and omnibus allegation against the petitioner and he is the

                     brother-in-law (devar) of the deceased. The petitioner has clean

                     antecedent and he is in custody in this case since 23.11.2025.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, the petitioner above-named is directed to be

                     enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Court concerned, Rosera, Samastipur, in

                     connection with Bibhutipur P.S. Case No. 245 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-
U      T

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