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Patna High Court

Surendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail.

Summary

Surendra Rai was arrested in connection with a case alleging his involvement in the death of his daughter-in-law. The prosecution alleged that Rai and co‑accused killed the deceased, while the defence argued that the death was a suicide resulting from the deceased's mental illness and that Rai was falsely implicated. The petitioner, who has one prior criminal record, sought bail under Sections 80(2) and 61(2) read with Section 3(5) of the B.N.S. The State opposed the bail. After hearing both sides, the Court found the circumstances sufficient to grant bail and ordered the petitioner’s release upon furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • What is the applicability of Sections 80(2) and 61(2) read with Section 3(5) of the B.N.S. in granting bail to the petitioner?
  • Whether the circumstances of alleged suicide and alleged false implication justify the grant of bail?

Legislation cited

  • B.N.S. — s. 3(5), 61(2), 80(2)

Subjects

  • bail
  • criminal procedure
  • Section 80
  • Section 61
  • Section 3
  • suicide
  • false implication
  • mental illness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20121 of 2026
                      Arising Out of PS. Case No.-197 Year-2025 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Surendra Rai S/o Raghunandan Rai R/o Village - Matukpur, P.S - Barahara,
                 District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Barahara P.S. Case No. 197/2025 dated 02.11.2025 for the

                   offences punishable under Section 80(2) and 61(2) read with

                   Section 3(5) of the B.N.S.

                                3. As per the prosecution case, the petitioner and the

                   co-accused persons are accused of killing the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case and he is in custody since 21.12.2025 and has one criminal

                   antecedent. The petitioner is father-in-law of the deceased.

                   Learned counsel has submitted that the deceased has committed

                   suicide because she was mentally ill. It has come during
             Patna High Court CR. MISC. No.20121 of 2026(2) dt.01-04-2026
                                                         2/2




                       investigation, that the deceased and her husband had a fight

                       thereafter the husband left the house and the deceased

                       committed suicide.

                                    5. Learned APP appearing for the State opposed the

                       prayer for bail of the petitioner.

                                    6. Considering the aforesaid facts, this application is

                       allowed.

                                    7. Let the petitioner, above named, 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 court of Additional Sessions Judge XIII, Bhojpur at Ara

                       in connection with Barahara P.S. Case No. 197/2025.



                                                  (Sandeep Kumar, J)
atul/-

U        T


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