Patna High Court
Surendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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