Patna High Court
Niraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage because of the seriousness of the murder charge and the specific allegations against the petitioner.
Summary
The Patna High Court considered a bail application filed by Niraj Kumar Singh, who is accused under Sections 103(1), 3(5) and 61 of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of his wife by strangulation and hanging over a dowry dispute. The petitioner claimed innocence, asserted that the deceased committed suicide, and pointed to the grant of regular bail to a co‑accused in a related case. The State opposed bail, emphasizing the petitioner’s marital relationship to the deceased, the asphyxia‑by‑hanging cause of death, and the seriousness of the charge. After weighing the gravity of the offence and the specific allegations, the Court declined to grant bail at this stage. The trial court was directed to expedite the trial, with a provision for the petitioner to renew the bail plea if the trial exceeds four months.
Issues considered
- Whether bail should be granted to an accused of murder under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s relationship to the deceased and the nature of the alleged dowry‑related homicide preclude bail.
- Whether the seriousness of the charge and the evidence of asphyxia by hanging justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61
Subjects
- bail
- murder
- dowry death
- Bharatiya Nyaya Sanhita
- asphyxia
- hanging
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79600 of 2025
Arising Out of PS. Case No.-282 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Niraj Kumar Singh Son of Late Satya Narayan Singh Resident of Village -
Banjariya, P.S.- Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 06-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Madhuban P.S. Case No. 282 of 2024, instituted for the offences
punishable under Sections 103(1), 3(5) and 61 of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons have committed murder of
the deceased by way of strangulating and hanging her due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.79600 of 2025(4) dt.06-02-2026
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Learned counsel for the petitioner also submitted that the
petitioner is the husband of the deceased. The allegation levelled
against the petitioner is general and omnibus in nature. The
petitioner has not committed any such offence as alleged against
him. It is next submitted that the deceased has committed
suicide as she was short-tempered. The petitioner is in custody
since 17.05.2025 and has got no criminal antecedent. Learned
counsel for the petitioner further submitted that other co-
accused has been granted regular bail by this Court vide order
dated 23.10.2024 passed in Cr. Misc. No. 75894 of 2024.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submitted that
there is specific allegation that being husband of the deceased,
the petitioner along with other co-accused has committed
murder of informant’s daughter due to non-fulfillment of
demand of dowry. Further the petitioner is husband of the
deceased and, therefore, onus lies upon him to explain the cause
of death. It is further submitted that on perusal of paragraph no.
39 of the case diary, post-mortem report of the deceased is
mentioned, where cause of death is mentioned as asphyxia due
to hanging. Hence, the petitioner does not deserve the privilege
of bail.
Patna High Court CR. MISC. No.79600 of 2025(4) dt.06-02-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner at this
stage.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of four months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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