Dasrath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72427 of 2025 Arising Out of PS. Case No.-184 Year-2025 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Gita Devi W/o- Dasrath Rai Resident of Village- Jamira, P.S. Ara Muffasil, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72522 of 2025 Arising Out of PS. Case No.-184 Year-2025 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Dasrath Rai Son of Radha Kishun Rai Resident of Village- Jamira, P.S. - Ara Muffasil, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 72427 of 2025) For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 72522 of 2025) For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-01-2026 Since both the applications arise out of Ara Mufassil P.S. Case No. 184 of 2025, as such, they have been taken up together and are being disposed of by this common order.
02. Heard learned counsel for the petitioners and learned APP for the State.
03. In the present case, the petitioners seek bail in
2/4 connection with Ara Mufassil P.S. Case No. 184 of 2025 registered for the alleged offences under Sections 103(1) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
04. As per prosecution case, in the background of some family dispute, the petitioner - Gita Devi and co-accused Hareram assaulted the wife of the informant who died due to this assault. The name of the petitioner-Dasrath Rai also came up for being involved in the said occurrence.
05. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Learned counsel further submits that the informant is father of petitioner-Dasrath Rai and father-in-law of petitionerGita Devi. In the background of some previous dispute over sharing of landed property, some altercation and scuffle took place and the wife of the informant was pushed away by the petitioners and she died. There was no intention to cause death. The allegation against the petitioner-Gita Devi is of strangulating the wife of the informant, the postmortem report shows the deceased received injury in her chest causing her death. There is no allegation of any assault against petitionerDasrath Rai. Moreover, it is not believable that the petitioners, who are the son and the daughter-in-law of the deceased,
3/4 respectively, would cause her death over some trivial issue. Learned counsel further submits that the petitioner have got no criminal history and they are in custody since 07.08.2025. Learned counsel further submits that charges have been framed in this case.
06. Learned APP for the State opposes the submission made on behalf of the petitioners. Learned APP submits that there is specific allegation against the petitioner-Gita Devi that she hit the deceased with legs and slaps and injury in chest shown to be fatal.
07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering relationship of the petitioners with the deceased and also considering the non-specific nature of allegation against the petitioner-Dasrath Rai and further considering the fact that the petitioner-Gita Devi is a lady and further considering the nature of family dispute, the period of custody of the petitioners, their clean antecedent and framing of charges against them, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection
4/4 with Ara Mufassil P.S. Case No. 184 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 petitioners.
(ii) The petitioners 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 petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T