Patna High Court
Bajari RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Bajari Roy and Samundra Devi petitioned for bail in a dowry‑death case (Kadwa P.S. Case No. 290 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. They claimed they were falsely implicated, that the informant was not an eye‑witness and that the husband of the deceased was already in judicial custody, asserting no prior criminal record. The State opposed bail. The Court noted that the allegations were general and omnibus but, applying Section 482(2) of the BNSS, ordered bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with strict conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences. The bail order was conditioned on compliance and the possibility of cancellation for breach. The petition was thereby disposed with bail granted.
Issues considered
- Whether bail can be granted to the accused despite general and omnibus allegations under Sections 103(1) and 3(5) of the BNSS
- Whether the lack of an eye‑witness and the presumption basis of the FIR affect the bail decision
- Whether the conditions prescribed under Section 482(2) of the BNSS are appropriate and sufficient
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3
- Section 482
- presumption
- general allegation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8874 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- KADWA District- Katihar
======================================================
1. Bajari Roy S/o- Late Nebaji Rai R/v- Mahammadpur@ Mohammadpur PS-
Kadwa, Distt- Katihar
2. Samundra Devi w/o- Bajari Rai R/v- Mahammadpur@ Mohammadpur PS-
Kadwa, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Kadwa P.S. Case No.290 of 2025, registered for
the offence punishable under Sections 103(1), 3(5) of Bharatiya
Nyaya Sanhita.
3. As per the F.I.R., the allegation against the
petitioners is that they, along with others, killed the informant’s
daughter on account of the alleged non-fulfillment of demand
for dowry.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
the present case. The petitioners are the father-in-law and
Patna High Court CR. MISC. No.8874 of 2026(2) dt.17-02-2026
2/3
mother-in-law of the deceased, and only general and omnibus
allegations have been made against them. It is further submitted
that the informant is not an eye-witness to the alleged
occurrence and that the F.I.R. has been lodged merely on the
basis of presumption. The husband of the deceased is already in
judicial custody. Lastly, it is submitted that the petitioners have
no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Taking into consideration that there is general
and omnibus allegation against the petitioners, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned CJM, Katihar/
Successor Court in connection with Kadwa P.S. Case No.290 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
Patna High Court CR. MISC. No.8874 of 2026(2) dt.17-02-2026
3/3
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce
or promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing
any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…