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Patna High Court

Raghubir Sah @ Raghuvir SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to a bond and surety conditions.

Summary

The petitioner, Raghubir Sah, was charged under sections 115(2), 126(2), 103(1), 85 and 3(5) of the BNS, 2023 for the alleged murder of his wife, who was also the informant’s daughter, allegedly over a dowry dispute. The petitioner contended that he was not present at the scene, that the FIR was based merely on suspicion, that no witnesses had been examined, and that the trial was unlikely to conclude soon; he also had no prior criminal record. The State opposed bail, arguing that as the husband of the deceased he bore primary responsibility for her welfare. The Court examined the factual matrix, noted the lack of forensic evidence on record, the absence of any prior complaint of cruelty, and the improbability of a speedy trial, and consequently ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with attendance conditions. The bail order was conditioned on the petitioner’s presence in the trial court on each date and allowed cancellation if he absented himself without sufficient cause.

Issues considered

  • What is the appropriateness of granting bail to an accused in a murder case where the allegation is based on suspicion and the accused was not present at the scene?
  • Whether the absence of forensic (FSL) report and unexamined witnesses precludes the continuation of custody?
  • Whether the seriousness of the alleged dowry‑related murder outweighs the right to bail under the circumstances?

Legislation cited

  • BNS, 2023 — s. 103(1), 115(2), 126(2), 3(5), 85

Subjects

  • bail
  • murder
  • dowry death
  • suspicion
  • trial delay
  • BNS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75399 of 2025
                       Arising Out of PS. Case No.-72 Year-2025 Thana- PIYAR District- Muzaffarpur
                 ======================================================
                 Raghubir Sah @ Raghuvir Sah S/o Bhagyanarayan Sah Resident of Village-
                 Govindpur Chapra, P.S.- Piyar, Distt.- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Jha, Adv.
                 For the Opposite Party/s :        Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   18-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Piyar P.S. Case no.72 of 2025

                   registered under sections 115(2), 126(2), 103(1), 85 and 3(5) of

                   BNS, 2023.

                                3. Allegation in the F.I.R is that petitioner along with

                   his family members killed the informant’s daughter on non-

                   fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   the deceased happens to be the wife of the petitioner and the

                   marriage dates back to the year 2015 i.e. 10 years prior to the

                   date of occurrence, although it has been stated in the F.I.R that

                   she was being ill treated by the petitioner and other accused
Patna High Court CR. MISC. No.75399 of 2025(4) dt.18-02-2026
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          persons, however, there has been no earlier complaint of any

          cruelty being meted out to her. Further, it is an admitted fact, as

          per F.I.R itself, that the petitioner was at Allahabad where he

          had taken the deceased along with him but had reached her back

          to house of the informant and the informant also accepts that for

          the past year, the deceased had been at his house and it was only

          on 25.04.2025 that she went to her matrimonial home upon

          being called by her mother-in-law. Upon information being

          received on 21.05.2025 that the informant’s daughter had died

          in the matrimonial home, he reached there where two other

          accused persons, namely, Ajay Kumar and Lalit Thakur were

          found in abusive condition and allegedly extended threats,

          claiming responsibility for the murder of the deceased. F.I.R

          further discloses that informant only has belief and suspicion

          that the said act has been done at the instance of the petitioner.

          Learned counsel has also drawn attention to the postmortem

          report showing the finding in the external examination of that of

          an abrasion on the right side of the neck with some

          haemorrhagic spots near the eyes. The opinion regarding cause

          of death was kept preserved till the chemical analysis of viscera

          but as a matter of fact not only charge-sheet was submitted but

          even charges have been framed without the FSL report being
Patna High Court CR. MISC. No.75399 of 2025(4) dt.18-02-2026
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          there on record. The petitioner is in custody since 22.05.2025

          and charges have been framed in the case but no witness has

          been examined till now and hence, there is no likelihood to

          conclude the trial in the near future. The petitioner has no

          criminal antecedent and undertakes to cooperate in the

          case/trial.

                        5. The application for bail is opposed by learned

          A.P.P. for the State on the ground that petitioner is the husband

          of the deceased and he is primarily responsible for the welfare

          of his wife.

                        6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that

          petitioner was not even present at the place of occurrence, as

          admitted by the prosecution case itself and the allegation being

          based on suspicion and belief, coupled with the fact that charges

          have already been framed with no likelihood of trial being

          concluded in near future, the petitioner is directed to be enlarged

          on bail in connection with Piyar P.S. Case no.72 of 2025 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 Court concerned where the case is pending/successor Court,

          subject to the further condition that the petitioner shall remain
              Patna High Court CR. MISC. No.75399 of 2025(4) dt.18-02-2026
                                                          4/4




                        physically present in the learned trial Court on each date and

                        shall cooperate in the trial. In case the petitioner is absent on the

                        two consecutive dates without sufficient reasons, the learned

                        trial Court would be at liberty to cancel the bail bonds of the

                        petitioner.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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