Patna High Court
Vijay Singh @ Vijay Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to bond, sureties and cooperation conditions.
Summary
Vijay Singh and Neelam Devi, the father‑in‑law and mother‑in‑law of a deceased daughter‑in‑law, applied for anticipatory bail in a case (Rajoun P.S. Case No. 224 of 2025) alleging they caused her death through domestic violence. The FIR charges them under sections 103(1) and 3(5) of the B.N.S. while the primary alleged perpetrator, the husband, is already in custody. The petitioners argued that the allegations primarily target the husband, they have no criminal antecedent, and a final form in their favour has been filed. The State opposed the bail. The Court, considering the facts, the custody of the main accused, and the petitioners' clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging their involvement in the death of the daughter‑in‑law.
- Whether the custody of the principal accused (the husband) and the filing of a final form in favour of the petitioners justify granting anticipatory bail.
- Whether the presumption clause under the relevant statutes applies to the petitioners.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- domestic violence
- murder
- Criminal Procedure Code
- bail conditions
- presumption clause
- family members liability
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90242 of 2025
Arising Out of PS. Case No.-224 Year-2025 Thana- RAJAON District- Banka
======================================================
1. Vijay Singh @ Vijay Prasad Singh S/o Late Tarni Prasad Singh Resident of
Village - Vishnupur, P.S - Nawda Bazar O.P, District - Banka.
2. Neelam Devi W/o Vijay Singh @ Vijay Prasad Singh Resident of Village -
Vishnupur, P.S - Nawda Bazar O.P, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Opposite Party/s: Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Rajoun P.S. Case No. 224 of 2025 registered under sections
103(1) and 3(5) of the BNS.
3. The allegation in the First Information Report re-
lates to causing the death of the daughter of the informant at the
matrimonial household by the accused persons including the
present petitioners.
4. Learned counsel for the petitioners at the outset
submits that the petitioners are the father-in-law and mother-in-
Patna High Court CR. MISC. No.90242 of 2025(2) dt.15-01-2026
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law of the deceased daughter-in-law and the main thrust of the
allegation with regard to causing of domestic violence and com-
mission of physical assault is upon the husband of the deceased
who is already in custody since 24.05.2025 as it is specifically
stated in paragraph 13 of the bail application. It is further sub-
mitted that the marriage was solemnized ten years ago from the
date of occurrence and the present case has been lodged upon
suspicion and no presumption clause would be applicable in the
present case. It is also submitted that with regard to these peti-
tioners, final form had been submitted in their favour showing
them as not sent up for trial, however, differing with the same
the learned Magistrate took cognizance of offence against these
petitioners.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and circum-
stances of the case and considering the fact that petitioners are
the father-in-law and mother-in-law of the deceased daughter-in-
law and the allegation with regard to causing of violence and as-
sault both rest on the husband of the deceased, who is in cus-
tody, coupled with the fact that final form in favour of the peti-
tioners have been submitted, let the petitioners, above named
Patna High Court CR. MISC. No.90242 of 2025(2) dt.15-01-2026
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who have no criminal antecedent, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with Ra-
joun P.S. Case No. 224 of 2025 on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief Ju-
dicial Magistrate, Banka, subject to the condition laid down un-
der Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023 and subject to the further condition
that they shall co-operate in investigation/trial.
(Soni Shrivastava, J)
Vikash/-
U T
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