Patna High Court
Rajiv Kumar @ Rajiv Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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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