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Patna High Court

Anil BaithaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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