Patna High Court
Bihari ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner as the death was held to be a suicide.
Summary
The petitioner, Bihari Choudhary, applied for bail in a case registered under Section 80(2), 238 and 3(5) of the BNS for the alleged killing of his wife. The prosecution alleged murder, but the material on record indicated that the couple had a fight after which the wife committed suicide. The petitioner had been in custody since 4 April 2025. The court examined the facts and concluded that the death was a suicide, not a homicide. Consequently, the bail application was allowed, subject to a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused when the alleged offence of murder is found to be a suicide.
Legislation cited
- BNS — s. 238, 3(5), 80(2)
Subjects
- bail
- suicide
- murder
- criminal procedure
- Section 80
- Section 238
- Section 3(5)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85452 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
Bihari Choudhary S/O Sahesh Chaudhary Resident of Village- Birpur @
Veerpur Nanhki Tola, P.S.- Jurawanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suman Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jurawanpur P.S. Case No. 63 of the 2025 registered for the
offence under Section 80(2), 238, 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
accused of killing his wife.
4. The petitioner is in custody since 4.4.2025.
5. Though, the allegation against the petitioner is of
killing the deceased but from perusal of the materials available
on record, it appears that the husband and the wife fought and
because of the same, the deceased has committed suicide.
6. Considering the fact that the deceased has
committed suicide, this application is allowed.
Patna High Court CR. MISC. No.85452 of 2025(4) dt.19-03-2026
2/2
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below where the case is pending in
connection with Jurawanpur P.S. Case No. 63 of 2025 / G.R.
No. 5139 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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