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Patna High Court

BINDESHWARI BINDversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted at this stage as the allegations, though largely circumstantial, warranted the petitioners' continued custody pending framing of charges.

Summary

The petitioners, Bindeshwari Bind and his wife Kalawati Devi, applied for regular bail in a criminal case registered under Sections 80(2), 238 and 3(5) of the B.N.S. alleging they were falsely implicated as the father‑in‑law and mother‑in‑law of a deceased woman whose body was not recovered. The informant claimed the victim, his daughter, died after a dowry‑related dispute, but the informant was not an eye‑witness and the FIR was based largely on suspicion. The State opposed bail, noting that the alleged death occurred within seven years of marriage, invoking a statutory presumption against the husband and his family. The Court, after hearing both sides, declined to grant bail, stating that the seriousness of the allegations and the missing body warranted continued custody until charges are framed. The petitioners were advised they could renew the bail plea after charge‑framing, and the Court directed that medical care be provided to the ailing petitioner.

Issues considered

  • Whether bail should be granted to the accused under Sections 80(2), 238 and 3(5) of the B.N.S. given the nature of the allegations
  • Whether the lack of an eye‑witness and the missing body preclude the grant of bail
  • Whether the statutory presumption applicable to deaths within seven years of marriage affects the bail decision

Legislation cited

  • B.N.S. — s. 238, 3(5), 80(2)

Subjects

  • bail
  • criminal procedure
  • presumption of guilt
  • dowry dispute
  • missing body
  • medical condition
  • pre‑charge detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16346 of 2026
                       Arising Out of PS. Case No.-22 Year-2025 Thana- SAMHO District- Begusarai
                 ======================================================
           1.     Bindeshwari Bind Son Of Late Jadu Bind Resident Of Village - Jagan
                  Saidpur, Police Station - Shamho In The District Of Begusarai.
           2.    Kalawati Devi Wife Of Bindeshwari Bind Resident Of Village - Jagan
                 Saidpur, Police Station - Shamho In The District Of Begusarai.

                                                                                  ... ... Petitioner/S
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  1. Heard the learned Advocate for the petitioners and

                   the learned APP for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences under Sections 80(2), 238 and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners has

                   submitted that petitioners are persons with clean antecedent and

                   are in custody since 13.01.2026 and the informant alleges that

                   his daughter was married to Mahesh and out of the wedlock, a

                   child was born who presently is 15 months old. Further, the

                   accused persons after marriage started demanding a motorcycle

                   and on account of non-fulfilment of the demand, the victim was

                   tortured. It is next alleged that on 02.07.2025, he came to know
Patna High Court CR. MISC. No.16346 of 2026(2) dt.06-05-2026
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          that his daughter died, accordingly, he came back from Punjab

          on 03.07.2025 and reached the place of occurrence, but no one

          was present and the dead body was missing, thus alleges that the

          victim was killed and the dead body was disposed off.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case being

          father in -law and mother in-law of the deceased. It is further

          submitted that from perusal of the allegations as alleged in the

          FIR, it would manifest that informant was in Punjab when the

          occurrence is alleged to have taken place, but then he discloses

          that he came to know about the death of his daughter but does

          not disclose who informed him. It is further submitted that it

          was Mahesh who had informed the informant that victim is

          missing based on which he came from Punjab. It is further

          submitted that as far as allegation of demand of dowry and

          torture is alleged, the same is general and omnibus in nature. It

          is also submitted that informant is not an eye witness to the

          occurrence and the entire allegation hinges around suspicion. It

          is further submitted that a dispute had arisen in between the

          victim and Mahesh on the issue that victim wanted to live

          separately from the petitioners but Mahesh was not agreeing but

          then it is submitted that petitioners left the house and started
Patna High Court CR. MISC. No.16346 of 2026(2) dt.06-05-2026
                                            3/4




          residing separately. It is also submitted that whether the victim

          died or is missing is also an aspect of trial as during the course

          of investigation, the dead body of the victim was not recovered.

          It is also submitted that victim may out of anger left the house.

          It is also submitted that husband of the deceased is in custody.

                       5. The learned A.P.P. opposes the regular bail

          application and submits that whether the victim died or is

          missing no doubt is an aspect of trial, but then the occurrence

          took place within seven years of marriage as such presumption

          in law is against the husband and his family members, but then

          fairly submits that informant is not an eye witness to the

          occurrence.

                       6. After hearing the learned counsel for the parties,

          the Court is not inclined to release the petitioners on bail.

                       7. The prayer of the petitioners for regular bail stands

          rejected.

                       8. However, petitioners would be at liberty to renew

          their prayer for bail after framing of charge.

                       9. At this stage, the learned counsel appearing on

          behalf of the petitioners submits that petitioner no.1 is suffering

          from disease relating to kidney, if what has been submitted by

          the learned counsel appearing on behalf of the petitioners is true
               Patna High Court CR. MISC. No.16346 of 2026(2) dt.06-05-2026
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                         in that event, the District Magistrate, Begulsarai, the

                         Superintendent of Police, Begusarai and the Superintendent of

                         Jail shall ensure that medical facility is provided to the

                         petitioner no.1.

                                      10.        Let a copy of this order be sent to the learned

                         Principal District Judge, the District Magistrate, Begulsarai, the

                         Superintendent of Police, Begusarai and the Superintendent of

                         Jail, Begusarai for their perusal and needful.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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