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Patna High CourtCR. MISC./42940/2025bail granted

Niraj Singh @ Golu v. The State Of Bihar

2025-09-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42940 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Niraj Singh @ Golu S/o Vijay Singh Resident of Village- Fakuli, P.S.- Chapra Mufassil, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Chapra Mufassil P.S. Case No. 06 of 2025 registered for the alleged offences under Sections 80(2) and 3(5) of the BNS.

03. As per prosecution case, daughter of the informant was married with the petitioner in the year 2016 and allegation is that the petitioner have been demanding a motorcycle in dowry and on non-fulfillment of this demand, the petitioner and other co-accused persons killed the daughter of the informant on 01.01.2025.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.42940 of 2025(4) dt.15-09-2025 2/3 case. There is no material to show that the petitioner demanded any dowry and this allegation is not believable. Out of this wedlock two children namely, Satyam Kumar aged about 7 years and Sant Kumar aged about 5 years were born and as the petitioner has been put into prison, studies of the children of the petitioner are being affected. Marriage was solemnized in the year 2016 and after lapse of 7 years, no offence under Section 80(2) of BNS will be made out against the petitioner. Without any proper investigation police submitted charge-sheet against the petitioner on 17.04.2025. Post-mortem report completely falsifies the allegation of prosecution as no opinion has been given by the doctor conducting the port-mortem though viscera was preserved. Its also falsifies the allegation that the petitioner and 3-4 persons were involved in killing the daughter of the informant. The petitioner is in custody since 19.01.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful and vague nature of allegation against the petitioner

Patna High Court CR. MISC. No.42940 of 2025(4) dt.15-09-2025 3/3 and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Saran at Chapra/court concerned in connection with Chapra Mufassil P.S. Case No. 06 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T