Patna High Court
Saroj Kushwaha @ Sanoj Prasad KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 238, 3(5), 482(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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.
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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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