Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner despite the serious nature of the charges.
Summary
The petitioner, Upendra Kumar, was arrested in connection with an alleged honour killing of his sister and charged under Sections 103, 238(a) and 3(5) of the Bharatiya Nyay Sanhita, 2023. His earlier bail application was rejected on the ground that he was a brother of the deceased and allegedly involved in the killing. After remaining in custody since 7 November 2024, the petitioner filed a second bail application. The High Court, noting the length of his custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial. The order also stipulated that non‑compliance would lead to cancellation of bail.
Issues considered
- What is the appropriate bail decision for an accused of honour killing under Sections 103, 238(a) and 3(5) of the Bharatiya Nyay Sanhita, considering the seriousness of the offence and the period of custody?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 238(a), 3(5)
Subjects
- honour killing
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Section 103
- Section 238(a)
- Section 3(5)
- custody
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64802 of 2025
Arising Out of PS. Case No.-134 Year-2024 Thana- Manuapul District- West Champaran
======================================================
Upendra Kumar Son of Bali Raut Resident of Village - Raidhurwa, P.S. -
Manuapul, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate
For the State : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Manuapul P.S.
Case No. 134 of 2024 registered under Sections 103/238(a)/3(5)
of the Bhartiya Nyay Sanhita, 2023
3. Earlier the bail application of the petitioner has
been rejected vide order dated 06.03.2025 passed in Cr. Misc.
No. 10202 of 2025, which reads as under:
“Heard learned counsel for the
petitioners and learned APP for the State.
2. The petitioners seek bail in
connection with Manuapul P.S. Case No. 134 of
2024 registered under Sections 103/238(a)/3(5)
of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the
petitioners are the brothers of the deceased and
they are accused of honour killing.
Patna High Court CR. MISC. No.64802 of 2025(3) dt.10-02-2026
2/3
4. The post-mortem report supports
that fact of killing of the deceased.
5. Learned counsel for the petitioners
submit that there is no material against the
petitioners to connect the petitioners with the
crime.
6. In the opinion of this Court, if the
deceased was not killed by her family members
that the family members ought to have informed
the police about the unnatural death of the
deceased.
7. Considering the facts that the
petitioners are none other but the own brothers
of the deceased and they are accused of killing
the deceased, this Court is not inclined to grant
bail to the petitioners.
8. Accordingly, this application is
dismissed.”
4. After investigation, the charge-sheet has been
submitted under Sections 103, 238(a) and 3(5) of the Bharatiya
Nyaya Sanhita.
5. The petitioner is in custody since 07.11.2024.
6. Considering the period of custody, this application
is allowed.
7. Let the petitioner, above named, be 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
Chief Judicial Magistrate, West Champaran, Bettiah in
connection with Manuapul P.S. Case No. 134 of 2024.
8. As a condition of this order, the petitioner, after
being released on bail is directed to co-operate in the trial either
Patna High Court CR. MISC. No.64802 of 2025(3) dt.10-02-2026
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by appearing personally or through his lawyer in the trial Court
on each and every date fixed in the trial. Noncompliance of the
condition will result in cancellation of the bail bonds of the
petitioner.
9. The certified copy of the charge-sheet is taken on
record.
(Sandeep Kumar, J)
P. Kumar
U T
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