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Patna High Court

Chandan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as he was not named in the FIR and the later statements against him appear to have been obtained under coercion.

Summary

The petitioner, Chandan Singh, sought regular bail in a case where his wife died after being allegedly tortured and given a poisonous substance. The FIR named four in‑laws but not the petitioner; however, two children of the deceased later implicated him in statements recorded three months after the incident. The State argued the children’s statements were reliable, while the petitioner contended they were made under pressure from their maternal grandfather. The court examined the absence of the petitioner’s name in the FIR, the timing and circumstances of the children’s statements, and the possibility of coercion. Concluding that the evidence against the petitioner was insufficient for continued detention, the court granted bail with a cash bond and surety, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner, who was not named in the FIR, should be granted regular bail despite later statements by the deceased's children implicating him.
  • Whether the statements of the children, recorded after three months and allegedly under pressure, are reliable for denying bail.

Subjects

  • regular bail
  • FIR
  • abetment to suicide
  • coerced statements
  • criminal procedure
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.59930 of 2025
                    Arising Out of PS. Case No.-744 Year-2024 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Chandan Singh S/o Ashok Kumar Singh R/o Mohalla- Jagdeo Nagar Gali no
                 05, P.S.- Ara Nawada, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Harsh Singh
                                                 Mr. Abhijit
                 For the State            :      Mr. J.N.Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-01-2026                          Heard learned counsel for the parties.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Ara Nawada P.S.Case No. 744 of 2024

                   registered for the offences punishable under Sections 123,

                   103(1) and 3(5) of the BNS.

                                    3. As per FIR, the petitioner (husband) and other in-

                   laws tortured the daughter of the informant physically and

                   mentally. Ultimately, she was administered poisonous substance,

                   leading to her death.

                                  4. The learned counsel for the petitioner has submitted

                   that four family members, who were inflicting tortures on the

                   deceased, have specifically been named in the FIR. They are

                   Ashok Singh (father-in-law), Madhuri Devi (mother-in-law),
Patna High Court CR. MISC. No.59930 of 2025(4) dt.13-01-2026
                                            2/3




          Jyoti Devi and Reena Devi (sisters-in-law) of the deceased.

          The informant is the father of the deceased. The husband has not

          been named in the FIR, nor in the re-statement of the informant

          which shows the innocence of the petitioner. The occurrence

          had taken place after 11 years of marriage of the victim. The

          FSL report shows that she consumed sulphas and died and that

          is why the charge-sheet has been submitted under Section 108

          of the BNS, punishable for abetment to commit suicide.

                       5. The informant, who is the father of the deceased,

          did not not name the petitioner in the FIR, whereas he

          specifically named four accused persons, as indicated above.

          He did not name the petitioner even in his re-statement.

                        6. On the other hand, the learned APP for the State

          has opposed the prayer for bail by submitting that two children

          of the deceased have named the petitioner in their statements

          recorded in course of investigation, to which the learned counsel

          for the petitioner replied that the two children were tutored

          witnesses as they were residing in the house of their maternal

          grand-father (informant) and under his pressure they named the

          petitioner. The statement of those two children were recorded

          after three months of the occurrence.

                       7. Considering the above-mentioned facts and
           Patna High Court CR. MISC. No.59930 of 2025(4) dt.13-01-2026
                                                       3/3




                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Chief

                     Judicial Magistrate, Bhojpur at Ara in connection with Ara

                     Nawada P.S.case No. 744 of 2024, subject to the condition that

                     the petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.



                                          (Nawneet Kumar Pandey, J)
HR/-

U      T


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