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Patna High Court

Saroj Kushwaha @ Sanoj Prasad KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioners subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) BNS.

Summary

The petitioners, relatives of a man named Dipendra, were implicated in a murder case after Dipendra’s confession that he had strangulated his wife on their advice. The FIR was filed under Sections 103(1), 238, 61(2) read with Section 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The petitioners, claiming clean antecedents and arguing that the confessional statement recorded in police custody lacks evidentiary value, sought anticipatory bail. The State and the informant opposed the bail. The Court examined whether the allegations amounted to a bailable offence and considered the applicability of Section 438(2) of the CrPC and Section 482(2) of the BNS. Finding insufficient grounds to deny bail, the Court granted anticipatory bail to the petitioners subject to a bail bond and sureties, and imposed conditions under the cited statutes.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
  • Whether the allegations constitute a bailable offence under the Bharatiya Nagarik Suraksha Sanhita.
  • Whether the confessional statement recorded in police custody is admissible as evidence.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • confessional statement
  • bailable offence
  • Section 438
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17065 of 2026
                   Arising Out of PS. Case No.-104 Year-2025 Thana- INARWA District- West Champaran
                 ======================================================
           1.     Saroj Kushwaha @ Sanoj Prasad Kushwaha S/O Late Yadunandan
                  Kushwaha @ Yadunandan Prasad Kushwaha R/O Village- Khamahiya, P.S-
                  Inarwa, Distt.- West Champaran.
           2.    Rampal Prasad Kushwaha @ Devendra Kushwaha S/O Vinod Kushwaha
                 R/O Village- Khamahiya, P.S- Inarwa, Distt.- West Champaran.
           3.    Subhashani Devi W/O Vinod Kushwaha R/O Village- Khamahiya, P.S-
                 Inarwa, Distt.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pratik Kumar
                 For the Opposite Party/s :       Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103(1),

                   238, 61(2) read with Section 3(5) of BNS.

                                3. Learned counsel for the petitioners submits that the

                   petitioner No.1 is a person with clean antecedent and petitioner

                   No.2 and 3 have antecedent of one case and petitioner No.3 is

                   woman and the informant alleges that is daughter was married

                   to Dipendra about 14 years back and out of the wedlock 4

                   children were born, it is next alleged that on account of
Patna High Court CR. MISC. No.17065 of 2026(2) dt.09-04-2026
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          matrimonial dispute, his daughter came to her parental home but

          on 12.07.2025 went back to her matrimonial home, it is next

          alleged that till 17.07.2025, informant has not been able to

          contact his daughter, accordingly, he came to the matrimonial

          home of his daughter to enquire when he was informed that his

          daughter had gone back to her parental home on 17.07.2025,

          thereafter, a search was made but the victim could not be located

          hence an F.I.R. was instituted.

                       4. Learned counsel for the petitioners submits that the

          petitioners being related to Dipendra have been falsely

          implicated in the instant case during the course of investigation,

          it is next submitted that petitioner Nos.1, 2 and 3 are uncle,

          brother and mother of Dipendra, it is next submitted that during

          the course of investigation, the dead body of the victim was

          recovered and Dipendra was arrested who confessed that he had

          strangulated the victim on aid and advice of accused persons

          including the petitioners. The learned counsel for the petitioners

          further submits that confessional statement recorded by police in

          police custody does not have any evidentiary value, it is also

          submitted that the entire family members have been implicated,

          it is next submitted that Dipendra in his confession has

          confessed that all his family members including the petitioners
Patna High Court CR. MISC. No.17065 of 2026(2) dt.09-04-2026
                                            3/4




          advised him to kill the victim as she was not supporting him in

          his drinking habits and they also assured that after the victim is

          killed, they will get him married for the second time as such

          Dipendra strangulated him, learned counsel for the petitioner

          must submits that the victim was married with Dipendra for last

          14 years and out of wedlock 4 children were born and in these

          14 years, no case ever came to be instituted either by the

          deceased or the informant alleging any kind of torture being

          meted out at the hand of the accused persons including the

          petitioners but whenever any dispute arises in between husband

          and wife and the occurrence of the nature as alleged takes place,

          the entire family members are implicated. It is also submitted

          that even presuming what has been alleged to be true without

          admitting then Dipendra confessed that he strangulated the

          victim to death and the accused helped in concealing the

          evidence which is the bailable offence.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant oppose the prayer for anticipatory bail

          of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioners.
            Patna High Court CR. MISC. No.17065 of 2026(2) dt.09-04-2026
                                                        4/4




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

                      their arrest or surrender within four weeks from today, be

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

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

                      the satisfaction of the learned Addl. Sessions Judge Ist-cum-Spl.

                      Judge (SC/ST), Bettiah, West Champaran, in connection with

                      Inarwa P.S. Case No. 104 of 2025,                    subject to the conditions

                      laid down under section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                                                      (Satyavrat Verma, J)
sanjeev/-

U       R


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