Patna High Court

Rajendra BaithaversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Rajendra Baitha, sought bail in a case (Belsand PS Case No. 70 of 2024) involving alleged offences under IPC Sections 304B, 201 and 34, relating to a dowry‑death. An earlier anticipatory bail application had been rejected. The prosecution alleged that the family members tortured and killed the deceased over dowry demands, but the petitioner claimed he was falsely implicated with no specific overt act attributed to him. The petitioner had been in custody since 29‑Nov‑2025, had no prior criminal record, and another co‑accused had already been granted bail. The State opposed the bail, but the Court, noting the lack of specific allegations against the petitioner and the circumstances of custody, decided to grant bail on condition of a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case involving alleged offences under Sections 304B, 201 and 34 of the IPC
Whether the petitioner has been falsely implicated and lacks specific incriminating acts

Legislation cited

Indian Penal Code — s. 201, 304B, 34

Subjects

bail
dowry death
IPC
anticipatory bail
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7956 of 2026
                      Arising Out of PS. Case No.-70 Year-2024 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Rajendra Baitha S/O Late Ram Briksh Baitha Resident of Village- Sukhi, P.S.
                 -Belsand, District- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Belsand

                   P.S. Case No. 70 of 2024 instituted for the offences under

                   Sections 304B, 201, 34 of the Indian Penal Code. Earlier vide

                   order dated 15.05.2025, passed in Cr. Misc. No. 13134 of 2025,

                   anticipatory bail of the petitioner was rejected by a Co-ordinate

                   Bench of this Court.

                           3. Prosecution case, in short, is that the family members

                   tortured and killed the deceased for the non-fulfillment of

                   demand of dowry. Petitioner is villager.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.7956 of 2026(2) dt.03-02-2026
                                            2/3




          Petitioner is the co-villager of the deceased. Learned counsel

          for the petitioner submits that general and omnibus allegation

          has been made against the petitioner. No specific overt act is

          alleged against the petitioner. Learned counsel further submitted

          that petitioner is separate in mess and business and has got no

          concern in the family affairs of the deceased and her husband.

          Husband of the deceased is already in custody. Charge-sheet has

          been submitted in this case. It has been submitted on behalf of

          the petitioner that the petitioner is in custody since 29.11.2025

          and has no criminal antecedent. Other co-accused has been

          granted bail by this Court vide order dated 21.08.2025, passed

          in Cr. Misc. No. 56615 of 2025.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case, husband of the deceased being in custody as also the

          period of custody undergone by the petitioner, this Court is

          inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Belsand P.S. Case
           Patna High Court CR. MISC. No.7956 of 2026(2) dt.03-02-2026
                                                       3/3




                     No. 70 of 2024.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

Continue reading with your account

Checking your session…