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Patna High Court

Niraj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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