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Patna High Court

Rajiv Kumar @ Rajiv Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

The petitioner, Rajiv Kumar, was arrested in a murder case (PS No.76, 2025) alleging the killing of his wife. He sought bail, contending that the death occurred fifteen years into the marriage, no motive was evident, and the FIR did not disclose any prior torture or complaints. The petitioner further claimed that he had taken his ailing wife to a hospital where she died, and that the FIR was filed only after a monetary dispute arose. The State opposed bail, relying on the FIR allegations of murder. Considering the lack of a clear motive, the long duration of the marriage, and the informant’s own petition supporting the deceased’s ailment, the court granted bail on a Rs.10,000 bond with two sureties, subject to the condition of personal appearance in court.

Issues considered

  • Whether bail should be granted in a murder case where the FIR alleges homicide but no motive is established
  • Whether the circumstances of a long marriage and alleged illness of the deceased justify bail
  • Whether the FIR’s allegations are sufficient to deny bail

Legislation cited

  • B.N.S. — s. 103(1), 238, 3(5), 85

Subjects

  • bail
  • murder
  • FIR
  • lack of motive
  • personal liberty
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74799 of 2025
                    Arising Out of PS. Case No.-76 Year-2025 Thana- SHYAMPUR BHATHAN District-
                                                         Sheohar
                 ======================================================
                 Rajiv Kumar @ Rajiv Kumar Singh Son of Gaya Singh Resident of Village -
                 Ramban, P.S. - Shyampur Bhataha, District - Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dinesh Jha, Advocate
                 For the Opposite Party/s :     Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 103(1), 238, 85, 3(5) of

                   the B.N.S.

                                   3. As per the prosecution case, the allegation

                   against the petitioner is that he committed the murder of his

                   wife.

                                   4. Learned counsel for the petitioner submits that

                   the present incident has happened after fifteen years of the

                   marriage and the F.I.R. does not disclose that the deceased was

                   being tortured and despite the fact that there is some indication

                   in the F.I.R. that the deceased used to inform the informant that
Patna High Court CR. MISC. No.74799 of 2025(5) dt.17-02-2026
                                            2/3




          she was being tortured in her matrimonial home, for fifteen

          years no complaint in that regard was ever filed earlier. It has

          further been submitted that the petitioner, being the husband of

          the deceased, informed about the ailment of the deceased to the

          informant and while he was taking her to the hospital she died.

          As a matter of fact, the informant and her family member had

          also participated in the cremation but on the same day the

          demand for money started, whereafter the present F.I.R. was

          lodged. A petition was, however, filed by the informant in the

          Court of A.C.J.M., Sheohar stating that her daughter had died

          out of some ailment and upon some misunderstanding, the case

          was lodged and has accepted that on 20.05.2025, the petitioner

          had informed the informant about the ailment of the deceased.

          The petitioner is in custody since23.05.2025 and charge-sheet

          has been submitted.

                          5. Learned APP for the State opposed the grant of

          bail on the basis of allegations made in the First Information

          Report.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that the death of the

          deceased took place fifteen years after marriage and no motive

          has    been      alleged,     coupled       with     the   fact   that   the
              Patna High Court CR. MISC. No.74799 of 2025(5) dt.17-02-2026
                                                          3/3




                        informant has also filed a petition before the Court below

                        supporting the ailment of the deceased, let the above named

                        petitioner, be released on bail on furnishing bail bond of Rs.

                        10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned C.J.M.,

                        Sheohar /concerned Court below in connection with Shyampur

                        Bhataha P.S. Case No. 76 of 2025 subject to condition that:-

                                                (i) The petitioner shall remain physically
                                present in court on each and every date during trial and
                                in the event of failure on two consecutive dates without
                                sufficient reasons, his bail bonds shall be liable to be
                                cancelled by the learned court concerned.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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