Patna High Court
Chintu Kumar Singh @ Chintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the general and omnibus allegation and the petitioner's junior family status, the Court granted bail.
Summary
The petitioner, Chintu Kumar Singh, sought bail in a criminal case (PS Case No. 72 of 2025) for alleged participation in the killing of his sister-in-law over a dowry dispute, charged under Sections 80(2), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, arguing that the allegations were general, omnibus, and that he, as a junior family member, had no role in the crime. The State opposed the bail, but the Court noted the lack of specific evidence linking the petitioner to the offence. Relying on the nature of the allegation and the petitioner’s familial position, the Court allowed the bail application. The order granted bail on a bond of Rs. 10,000 with two sureties, subject to cooperation in trial, and clarified that the order does not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80(2), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the alleged offence.
- Whether the general and omnibus nature of the allegation, coupled with the petitioner's status as a junior family member, warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 61(2), 80(2)
Subjects
- bail
- dowry death
- criminal procedure
- Bharatiya Nyaya Sanhita
- family dispute
- omnibus allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7128 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- Charkapathar District- Jamui
======================================================
Chintu Kumar Singh @ Chintu Singh S/o Ranvir Singh Resident of - Gram
Maheshwari, Post - Maheshwari, P.S - Sono, Tola - Mahesri Gadi, District -
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ansh Prasad, Advocate
For the State : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Charka
Pathar P.S. Case No. 72 of 2025 registered for the offence
punishable under Sections 80(2), 238, 61(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is the brother-in-law (Devar) of the
deceased. He is alleged to have participated in the killing of the
deceased who is the sister of the informant on account of non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner, being the Devar of
the deceased has no role to play in the alleged crime and there
Patna High Court CR. MISC. No.7128 of 2026(3) dt.12-05-2026
2/2
is general and omnibus allegation against him. Learned counsel
further submits that father-in-law of the deceased was granted
bail by this Court vide order dated 22.12.2025 passed in Cr.
Misc. No. 81892 of 2025.
5. Considering the general and omnibus allegation
and the fact that the petitioner is a junior member of the family,
this application is allowed.
6. 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
Additional Chief Judicial Magistrate-II, Jamui/ concerned Court
in connection with Charka Pathar P.S. Case No. 72 of 2025,
subject to the condition that the petitioner will co-operate in
trial.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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