Patna High Court
Dasrath RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to both petitioners, subject to a bond and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioners, Gita Devi and Dasrath Rai, were arrested in connection with a family‑dispute‑related assault that resulted in the death of the informant’s wife, alleged under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Gita Devi strangulated the deceased, while no specific allegation was made against Dasrath Rai. The petitioners contended they were falsely implicated, had no prior criminal record, and had been in custody since 7 August 2025. The State opposed bail, emphasizing the specific allegation against Gita Devi. Considering the non‑specific nature of the charge against Dasrath Rai, the petitioners’ clean antecedents, the familial relationship with the deceased, and the fact that Gita Devi is a woman, the court ordered bail on a bond of Rs 10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order was subject to compliance with attendance requirements and possible cancellation for violations.
Issues considered
- Whether bail should be granted to accused under Sections 103(1) r/w 3(5) of the BNSS in a homicide arising from a family dispute
- Whether the lack of specific allegation against Dasrath Rai precludes denial of bail
- Whether the petitioners’ clean antecedent, gender, and relationship with the deceased justify bail despite the seriousness of the offence
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 480(3)
Subjects
- bail
- family dispute
- assault
- homicide
- Bharatiya Nyaya Sanhita
- Section 103
- Section 480
- clean antecedent
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72427 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Gita Devi W/o- Dasrath Rai Resident of Village- Jamira, P.S. Ara Muffasil,
District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 72522 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Dasrath Rai Son of Radha Kishun Rai Resident of Village- Jamira, P.S. - Ara
Muffasil, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72427 of 2025)
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 72522 of 2025)
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 17-01-2026 Since both the applications arise out of Ara Mufassil
P.S. Case No. 184 of 2025, as such, they have been taken up
together and are being disposed of by this common order.
02. Heard learned counsel for the petitioners and
learned APP for the State.
03. In the present case, the petitioners seek bail in
Patna High Court CR. MISC. No.72427 of 2025(4) dt.17-01-2026
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connection with Ara Mufassil P.S. Case No. 184 of 2025
registered for the alleged offences under Sections 103(1) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023.
04. As per prosecution case, in the background of
some family dispute, the petitioner - Gita Devi and co-accused
Hareram assaulted the wife of the informant who died due to
this assault. The name of the petitioner-Dasrath Rai also came
up for being involved in the said occurrence.
05. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Learned counsel further submits that the informant is
father of petitioner-Dasrath Rai and father-in-law of petitioner-
Gita Devi. In the background of some previous dispute over
sharing of landed property, some altercation and scuffle took
place and the wife of the informant was pushed away by the
petitioners and she died. There was no intention to cause death.
The allegation against the petitioner-Gita Devi is of
strangulating the wife of the informant, the postmortem report
shows the deceased received injury in her chest causing her
death. There is no allegation of any assault against petitioner-
Dasrath Rai. Moreover, it is not believable that the petitioners,
who are the son and the daughter-in-law of the deceased,
Patna High Court CR. MISC. No.72427 of 2025(4) dt.17-01-2026
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respectively, would cause her death over some trivial issue.
Learned counsel further submits that the petitioner have got no
criminal history and they are in custody since 07.08.2025.
Learned counsel further submits that charges have been framed
in this case.
06. Learned APP for the State opposes the submission
made on behalf of the petitioners. Learned APP submits that
there is specific allegation against the petitioner-Gita Devi that
she hit the deceased with legs and slaps and injury in chest
shown to be fatal.
07. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering
relationship of the petitioners with the deceased and also
considering the non-specific nature of allegation against the
petitioner-Dasrath Rai and further considering the fact that the
petitioner-Gita Devi is a lady and further considering the nature
of family dispute, the period of custody of the petitioners, their
clean antecedent and framing of charges against them, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Bhojpur at Ara in connection
Patna High Court CR. MISC. No.72427 of 2025(4) dt.17-01-2026
4/4
with Ara Mufassil P.S. Case No. 184 of 2025, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
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