Created by Fuzzy Cloud

Patna High Court

Rajo KewatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as there is no specific allegation against the petitioner and he possesses a clean antecedent.

Summary

Petitioner Rajo Kewat, father‑in‑law of the deceased, was in judicial custody since 9 October 2025 for alleged torture leading to death over dowry demands under Sections 80(2) and 61 of the B.N.S., 2023. He pleaded that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge against him. The counsel highlighted that co‑accused in similar circumstances had been granted regular bail by a coordinate bench. The State opposed the bail. Considering the lack of specific allegation, the petitioner’s clean record and the precedent, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations under Sections 80(2) and 61 of the B.N.S., 2023.
  • Whether the absence of a specific allegation against the petitioner and his clean antecedent justify bail.
  • Whether the precedent of bail granted to co‑accused in a similar case is applicable.

Legislation cited

Subjects

  • bail
  • dowry death
  • false implication
  • clean antecedent
  • Criminal Procedure Code
  • Section 80(2) B.N.S.
  • Section 61 B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4026 of 2026
                       Arising Out of PS. Case No.-306 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Rajo Kewat Son of Late Sukhu Kewat Resident of Village - Dharampur, P.S. -
                 Chandi, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shyamal Prakash, Advocates
                 For the Informant       :        Mr. Sunil Prasad, Advocate
                 For the State           :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                     Heard Mr. Shyamal Prakash, learned counsel for the

                   petitioner, Mr. Sunil Prasad, learned counsel for the Informant

                   and Mr. Bhanu Pratap Singh, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   09.10.2025, in connection with Chandi P.S. Case No. 306 of

                   2025, F.I.R. dated 14.06.2025                registered for the offences

                   punishable under Sections 80(2), 61 of B.N.S., 2023.

                                 3. Allegation against the petitioner is of committing

                   torture and caused death due to non-fulfillment of demand of

                   dowry.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that the
Patna High Court CR. MISC. No.4026 of 2026(2) dt.28-01-2026
                                            2/4




          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          and the petitioner has been made accused merely on the ground

          that he is father-in-law of the deceased. Although the petitioner

          is named in the F.I.R. but from perusal of the F.I.R. it appears

          that there is no specific allegation of any assualt or overt act or

          demand of dowry attributed against the petitioner rather there is

          general and omnibus allegation against all the accused persons

          includingt the petitioner.           He further submits that similarly

          situated co-accused persons against whom the similar

          allegations have been granted regular bail by a Coordinate

          Bench of this Court vide order dated 15.11.2025 passed in Cr.

          Misc. No. 65183 of 2025 and husband of the deceased who

          happens to be the son of the petitioner is in judicial custody. He

          further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 09.10.2025.

                       5. Learned counsel for the Informant and learned

          Additional Public Prosecutor for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there
Patna High Court CR. MISC. No.4026 of 2026(2) dt.28-01-2026
                                            3/4




          is no specific allegation of any assault or overt act or demand of

          dowry attributed against the petitioner and the husband of the

          deceased is in judicial custody, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case

          No. 306 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioner.           However, the

          acceptance of bail bonds in terms of the above-mentioned order
               Patna High Court CR. MISC. No.4026 of 2026(2) dt.28-01-2026
                                                           4/4




                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.