Patna High Court
Rajiv BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, finding insufficient material to justify continued detention.
Summary
Petitioner Rajiv Bind, husband of the deceased, was charged under Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the DP Act for allegedly torturing and killing his wife. He pleaded innocence, claiming he was working outside the state and was not present at the time of the incident. The prosecution’s case relied on a statement by a tempo driver, Dharmendra Kumar, who said the deceased was taken for treatment but was later found dead; the driver did not implicate the petitioner. The court noted that the deceased had been staying at her paternal home and was only brought to her in‑laws’ house a day before her death, and there was no material linking the petitioner to the crime. Considering the lack of evidence and the petitioner’s custody since 21‑01‑2025, the court allowed the regular bail application, directing release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether regular bail can be granted to the accused in a murder case under the Bharatiya Nyaya Sanhita and DP Act given the facts and lack of direct evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80(2)
- DP Act — s. ¾
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- DP Act
- alibi
- investigation
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60123 of 2025
Arising Out of PS. Case No.-535 Year-2024 Thana- HILSA District- Nalanda
======================================================
Rajiv Bind S/o Ravindra Bind R/o vill - Kurmian Bigha, P.S.- Hilsa, Distt.-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rewti Kant Raman
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hilsa P.S. Case No. 535 of 2024 registered for the offence
under Section(s) 80(2), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section ¾ of the DP Act.
3. As per the prosecution case, the petitioner is the
husband of the deceased. He along with others are said to have
tortured and killed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 21.01.2025. He further submits
that the petitioner was working outside the State and he was not
present on the date of occurrence in his home and the primary
Patna High Court CR. MISC. No.60123 of 2025(5) dt.19-03-2026
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allegation is against the in-laws of the deceased.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. During the
investigation, a tempo driver, Dharmendra Kumar, has given a
statement that he had taken the deceased, her in-laws, and a co-
villager for the treatment of the deceased. However, on the way,
they relieved him, and thereafter, the dead body of the deceased
was recovered. It has also come during investigation that the
deceased had been staying at her paternal home and had come to
her in-laws’ house just one day before the occurrence.
7. From the materials available on record, it appears
that the deceased was residing at her paternal home, and not in
her matrimonial home. She was brought to her matrimonial
house one day prior, and subsequently, she was found dead. The
in-laws had engaged the services of Dharmendra, a tempo
driver, who has not said that the petitioner was present at the
time of death of the deceased.
8. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
9. Accordingly, let the petitioner, above named, be
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released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Hilsa P.S. Case No.
535 of 2024.
(Sandeep Kumar, J)
Shishir/-
U T
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