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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioners because the prosecution's case was based on suspicion and lacked substantive evidence linking them to the alleged honour killing.

Summary

The petitioners, Kailash Ravidas, Navin Ravidas and Niraj Kumar, sought bail in a case registered under Section 103(1) of the B.N.S. concerning the alleged hanging of Dipu Kumar. The prosecution alleged that the petitioners, who are relatives of the deceased's lover Kaushalya Kumari, conspired to kill him in an honour‑killing motive, relying on a later‑recorded statement by a witness and the deceased's mobile CDR. The defence argued that the petitioners were falsely implicated, that the witness’s testimony surfaced only after the incident, and that the post‑mortem report indicated strangulation rather than homicide, with no direct evidence linking the petitioners to the death. The court examined the credibility of the witness, the lack of material evidence, and the presumption of innocence under bail jurisprudence. Concluding that the prosecution’s case was based on suspicion and that the petitioners had no criminal antecedent, the court ordered that bail be granted on the condition of a bond and sureties.

Issues considered

  • Whether the evidence on record is sufficient to deny bail to the petitioners.
  • Whether the allegations of honour killing constitute a ground to refuse bail.
  • Whether the post‑mortem findings and mobile CDR undermine the prosecution's case.

Legislation cited

Subjects

  • bail
  • honour killing
  • suspicion
  • post‑mortem report
  • mobile CDR
  • Section 103
  • Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.91847 of 2025
                    Arising Out of PS. Case No.-213 Year-2024 Thana- KASHICHAK District- Nawada
                 ======================================================
                 Kailash Ravidas @ Budhu Ravidas, Son of Late Puna Ravidas, R/o- Belar,
                 P.S.- Kashichak, Distt.- Nawada.

                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                       with
                             CRIMINAL MISCELLANEOUS No. 774 of 2026
                    Arising Out of PS. Case No.-213 Year-2024 Thana- KASHICHAK District- Nawada
                 ======================================================
           1.     Niraj Kumar, S/o Mithu Ravidas, Resident of - Belar, P.S - Kashichak,
                  District - Nawada
           2.    Navin Ravidas, S/o Sidheshwar Ravidas, Resident of - Belar, P.S -
                 Kashichak, District - Nawada

                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 91847 of 2025)
                 For the Petitioner/s     : Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
                 (In CRIMINAL MISCELLANEOUS No. 774 of 2026)
                 For the Petitioner/s     : Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s : Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

4   02-04-2026                Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                              2. The petitioners have prayed for bail in connection

                   with Kashichak P.S. Case No. 213 of 2024 registered for the

                   offence punishable under Section 103(1) of B.N.S.
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
                                            2/5




                       3. The case of the prosecution, in short, is that the

          younger son of the informant, namely, Dipu Kumar who was

          studying at Nawada, has come to his village- Belar 5-6 days ago.

          On 30.12.2024 at 2:00 P.M, he has been hanged on a mango tree.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. The F.I.R. was lodged against unknown miscreants. During

          course of investigation, the C.D.R. of mobile number of the

          deceased was collected and from the C.D.R., it has come that the

          deceased was having talks with the daughter of Niraj Kumar who

          is one of the petitioners in Cr. Misc. No. 774 of 2026. The

          daughter of Niraj Kumar, namely, Kaushlya Kumari was also

          being asked by the police and she has also disclosed that she was

          on talking terms with the deceased and on the date of occurrence,

          she has talk with the deceased late night. She also came to know

          that one person is hanged on the mango tree. During investigation,

          one Nathun Ravidas has given his statement before the police

          which is recorded in para ‘146’ of the case diary wherein he has

          stated that there was relationship between the deceased and the

          daughter of Niraj Kumar. He has further disclosed that it was

          known to all the village that Dipu Kumar and Kaushalya were in

          relationship and due to that, Niraj Kumar has called the deceased
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
                                            3/5




          at his house and Ravindra Ravidas, Navin Ravidas and Kailash

          Ravidas have killed the deceased. Learned counsel for the

          petitioner Navin Ravidas and Kailash Ravidas has submitted that

          name of these petitioners has surfaced in this case in the later part

          of the investigation that too on 14.08.2025 whereas the occurrence

          is of 31.12.2024. It has further been submitted that all of a sudden,

          this witness has stated the involvement of Navin Ravidas and

          Kailash Ravidas. Before him, nobody has stated anything

          regarding them. It has further been submitted that all the

          witnesses who have been examined during investigation, they

          have stated that they have come to know through villagers but

          none of the witnesses have stated as to who has told them

          regarding the occurrence. From perusal of the C.D.R. of the

          mobile number of the deceased, it is clear that he was on talking

          terms with Kaushalya, the daughter of Niraj Kumar but in her

          statement, she has not stated anything regarding the occurrence

          rather she has admitted only that she was on talking terms with

          the deceased. It has further been submitted that save and except

          this, there is nothing against the petitioners. The case of the

          prosecution is based completely on suspicion or on the

          assumption that as the daughter of one of the accused Niraj

          Kumar was on talking terms with the deceased, all the accused

          persons who are the family members of Kaushalya, have killed
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
                                            4/5




          the deceased. From perusal of the postmortem report, it is clear

          that the doctors conducting autopsy of the deceased have opined

          that- (i) Hyoid bone can be fractured in hanging, (ii) Circular

          ligature mark only seen in strangulation not in hanging, (iii) in

          respect to the postmortem report, all findings are consistent with

          strangulation. Only one ante-mortem injury was found i.e.

          ligature mark of size in length 12 inch, width 1.5 cm. It has

          also been submitted that the postmortem report also goes to

          show that save and except the ligature mark, there was no

          visible injury on the person of the deceased. Petitioners are

          having no criminal antecedent and they are languishing in

          judicial custody since 22.10.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail. Learned counsel for the informant has

          submitted that it is clear from the case diary that the deceased was

          on talking terms with Kaushalya and the accused persons/

          petitioners are none other than the family members of Kaushalya.

          They were unhappy with this relationship that is why, they have

          killed the deceased and that it is a case of honour killing.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail. The above named
                 Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
                                                             5/5




                           petitioners are directed to be enlarged on bail on furnishing bail

                           bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                           sureties of the like amount each to the satisfaction of the learned

                           A.C.J.M.-VI, Nawada in connection with Kashichak P.S. Case No.

                           213 of 2024.


                                                           (Ashok Kumar Pandey, J)

lata/-
AFR/NAFR            NAFR
CAV DATE            26.03.2026
Uploading Date      02.04.2026
Transmission Date 02.04.2026.


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