Patna High Court
Chandar RishideoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail is rejected.
Summary
The petitioners, four residents of Sonbarsa village, were arrested in connection with a case registered under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that they participated in the assault and murder of a woman who was the daughter‑in‑law of the informant. The petitioners contended that they were not members of the victim’s sasural, had no motive, were falsely implicated, and highlighted a three‑day delay in filing the FIR as well as their clean antecedent record. The prosecution relied on the FIR, recorded statements of witnesses, confessions recorded in the case diary, and the SDPO’s finding that the case was true. After hearing both sides, the Court found the material evidence against the petitioners substantial and declined to grant regular bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail can be granted to the accused under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged murder and the evidence on record.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- regular bail
- murder
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76639 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- SHANKARPUR District- Madhepura
======================================================
1. Chandar Rishideo S/O Prem Lal Rishideo
2. Indula Devi W/O Chandar Rishideo
3. Arun Rishideo S/O Maheshwar Rishideo @ Maheshwari Rishideo
4. Sanichari Devi W/O Arun Rishideo
All residents of Village- Sonbarsa, Ward No. 06, P.S.- Shankarpur, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Shankarpur P.S. Case
no.21 of 2025 registered under sections 103(1), 238 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her daughter who was in her sasural was abused and
assaulted by the seven named accused persons including the
four petitioners herein. She was assaulted with lathi, rod etc.
which led to her death. Thereafter, it is stated that she was
burnt/cremated and her body was disposed of.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.76639 of 2025(3) dt.11-02-2026
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the petitioners are not the members of her family in her sasural.
They have no concern with the victim’s sasural and have been
falsely implicated in the case for reasons best known to the
informant. There is an unexplained delay of three days in
lodging of the FIR. The petitioners are in custody since
19.3.2025 and 25.3.2025 and have no criminal antecedent.
Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the witnesses whose statements have been recorded
in paragraph nos.6, 7 and 11 having supported the prosecution
case, the accused having confessed their crime as recorded in
paragraph nos.26, 27, 55 and 56 of the case diary and the
S.D.P.O. having found the case to be true as recorded in
paragraph no.47 of the case diary, the Court is not inclined to
enlarge the petitioners on bail and the application is rejected.
(Partha Sarthy, J)
Saurabh/-
U T
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