Mulayam Rai @ Rajesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11308 of 2026 Arising Out of PS. Case No.-570 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
Mulayam Rai @ Rajesh Rai S/O Sadhu Rai 2.
Putul Devi W/O Ramadhar Rai @ Pintu Rai 3.
Pintu Rai S/O Sadhu Rai All are R/O Village- Chhota Brahampur, P.O- Bhagwan Bazar, P.SBhagwan Bazar, Dist- Saran at Chapra- 841301. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr.Jeetendra Narayan, learned counsel for the petitioners and Mr.Satya Nand Shukla, learned Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since 17.10.2025 in connection with Bhagwan Bazar P.S. Case No. 570 of 2025, F.I.R. dated 16.10.2025 registered for the offence punishable under Sections 80/3(5) of BNS alongwith Section 3/4 of the D.P.Act.
3. Allegation against the petitioners is that they alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the
2/4 sister of the informant.
4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. It appears from the FIR that although the petitioners are named in the FIR but there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners and in fact informant is not the eye witness of the alleged occurrence, petitioner Nos.1 and 3 are brother-in-law(Bhaisur) and petitioner No.2 is sister-in-law (Gotni) of the deceased, their accommodation is separate, they are not living with the family members of the deceased, the police, after investigation, submitted chargesheet against the petitioners vide Chargesheet No.636 of 2025 dated 31.12.2025 under Sections 80 read with Section 3(5) of BNS and Section 3/4 of D.P.Act and the petitioners are in custody since 17.10.2025.
5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent, there is no specific allegation of any assault,
3/4 overt-act or demand of dowry attributed against the petitioners in the FIR, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 570 of 2025, with the following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on theri absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
4/4 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T