Patna High Court
Anil BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted to the petitioner.
Summary
Anil Baitha was arrested in connection with a case registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging the murder of his sister‑in‑law, who was the informant’s sister. The informant claimed that Baitha had physically and mentally tortured his sister, leading to her death, while Baitha contended that the death was a suicide and that he was falsely implicated because of his marital relationship with the deceased. The State and the informant opposed Baitha’s application for regular bail, citing investigation notes and witness statements that supported the prosecution’s theory of homicide. The court, after hearing both sides, found the allegations serious and the investigative material sufficient to deny bail. Consequently, the bail application was rejected, leaving Baitha in custody.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- suicide
- investigation
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75703 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Anil Baitha S/O Sri Nakchhed Baitha Resident of Village- Gidha, Ward No.
03, P.S- Chanpatia, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the State : Mr. Ram Priya Sharan Singh, APP
For the Informant : Ms. Kumari Akanksha Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chanpatia P.S. Case no.
114 of 2025 registered under sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his sister was married to the petitioner herein. Two
daughters were born out of the said wedlock. As a result of the
physical and mental torture by the husband, who is the
petitioner herein, also as a result of assault, it is stated that the
informant learnt about his sister having been killed by the
accused persons including the husband.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.75703 of 2025(4) dt.11-02-2026
2/2
petitioner has been falsely implicated in the case only for the reason
of his being the husband of the deceased. Independent witnesses in
course of investigation have stated that the sister of the informant
committed suicide. The petitioner is in custody since 4.7.2025, has
no criminal antecedent and chargesheet has been submitted in the
case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that besides the petitioner
being the husband of the deceased, the witnesses in course of
investigation and specially in paragraph nos. 51, 52 and 68 of
the case diary have supported the prosecution case as a result of
which the deceased hung herself.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation against the
petitioner who happens to be the husband of the deceased, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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