Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
The petitioner, Rahul Kumar, sought regular bail in a case registered under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, alleging that his wife had committed suicide a few months after their marriage. The State opposed the bail, contending that the petitioner had killed the deceased. The court noted the petitioner had been in custody since 22 October 2024 and that the trial had been delayed, with only a few witnesses examined. Considering the length of custody and the delay, the court found no compelling reason to keep the petitioner detained. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the condition of regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita given the allegations of homicide and the circumstances of the case.
- Whether the period of custody and delay in trial justify the grant of regular bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 3(5), 80(2)
Subjects
- bail
- criminal procedure
- suicide
- murder allegation
- Bhartiya Nyaya Sanhita
- delay in trial
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89348 of 2025
Arising Out of PS. Case No.-103 Year-2024 Thana- Gaura P.S. District- Saran
======================================================
Rahul Kumar S/o Ashok Ray R/o Village - Gaura Bawan, P.S - Gaura, District
- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Gaura P.S. Case No.103
of 2024, registered for the offences under Sections 80(2), 3(5) of
the Bhartiya Nyaya Sanhita. Earlier the bail application of the
petitioner was rejected on 12.05.2025 in Cr. Misc. No. 18959 of
2025.
3. The learned counsel for the petitioner submits that
the petitioner is the husband of the deceased and the deceased
had committed suicide after few months of marriage. The
petitioner is in custody since 22.10.2024. He further submits in
the trial out of 12 witnesses, some witnesses have been
examined.
Patna High Court CR. MISC. No.89348 of 2025(2) dt.12-02-2026
2/2
4. The learned counsel for the informant has
vehemently opposed the application of the petitioner and has
submitted that the deceased was killed by the petitioner within
few months after the marriage.
5. Considering the period of custody and the delay in
the trial, this application for regular bail is allowed.
6. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned 3rd District and Additional Sessions
Judge, Saran at Chapra/concerned Court below in connection
with Gaura P.S. Case No. 103 of 2024 subject to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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