Birendra Rai @ Birendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40309 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Birendra Rai @ Birendra Ram S/O Bishram Ram R/O Village- Dih Bhujaina, P.S.- Chainpur, District- Kaimur At Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP For the Informant :
Mr. Rajni Kant Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 166 of 2025 registered for the offence under Sections 80, 3(5) of B.N.S. 2023.
3. As per the prosecution case, petitioner along with other co-accused persons have killed the daughter of the informant due to non-fulfillment of dowry demand.
4. Paragraph 17 of the bail petition reads as follows: "That it is categorically stated here that daughter and sons of the petitioner are living in the house of petitioner and there is no body to look after."
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40309 of 2025(2) dt.09-07-2025 2/3 petitioner is innocent and has not committed any offence. The marriage was solemnized in the year 2017 and there are three children born out of wedlock. It has been contended by the learned counsel for the petitioner in paragraph 17 of the petition that the children are staying with the family of the petitioner. The petitioner is in custody since 15.05.2025.
6. Learned A.P.P. appearing for the State and learned counsel for the informant have vehemently opposed the prayer for bail.
7. Considering the facts and circumstances of the case as well as the custody of the petitioner, this application for regular bail is allowed.
8. 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 A.C.J.M.-V, Kaimur at Bhabua /concerned Court below in connection with Chainpur P.S. Case No. 166 of 2025 subject to condition that:- (i) At the time of furnishing of bail bonds the Court below will verify the fact as to whether the children are staying with the family of the petitioner or not. If it is found that the children are staying with the family of the petitioner, then the petitioner shall be released on furnishing bail bonds as
Patna High Court CR. MISC. No.40309 of 2025(2) dt.09-07-2025 3/3 mentioned above. If it is found that the children are not staying with the family of the petitioner, appropriate order shall be passed.
9. This application for regular bail stands allowed. (Sandeep Kumar, J) anand/- U T