Sachidanand Nonia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78254 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- ALIPUR District- Gaya ====================================================== 1.
Sachidanand Nonia S/O late Rooplal Nonia R/O Village- Rupaspur, P.SAlipur, Distt.- Gaya. 2.
Ranjit Kumar S/O Sachidanand Nonia R/O Village- Rupaspur, P.S- Alipur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Nandan Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Alipur PS Case No. 118 of 2025 for the offence punishable under Sections 80 (2), 238, 3(5) of the BNS, 2023 instituted on 02.09.2025 by the informant, Meera Devi.
3. The prosecution story, in brief, is that the informant has alleged that her daughter has been killed in her matrimonial home by her husband and by her in-laws and the deceased was consigned to the last rites in their absence. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that these two petitioners are father-in-law and brother-in-law (Bhainsur) of the deceased respectively and from the FIR itself,
Patna High Court CR. MISC. No.78254 of 2025(2) dt.03-12-2025 2/3 it is evident that save and except the name of these petitioners referred in the FIR, no allegation of any overt-act has been made, while the husband of the deceased is in judicial custody since 03.09.2025. It has next been submitted that the deceased has expired due to suffering from diarrhoea and appropriated treatment was given to her.
5. Learned APP vehemently opposes the prayer for anticipatory bail of the petitioners submitting that a young lady has been caused to die. However, he further accepts that these petitioners are father-in-law and brother-in-law and there is nothing on record to show that they had any say in the affairs of husband and wife while the husband is in judicial custody.
6. Considering the nature of allegations and the fact that petitioners are father-in-law and brother-in-law and there is no allegation of any overt-act against them and the husband of the deceased is in judicial custody, this Court is inclined to extend the petitioners the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with aforesaid P.S. Case
Patna High Court CR. MISC. No.78254 of 2025(2) dt.03-12-2025 3/3 to the satisfaction of learned ACJM-VI, Gaya, subject to the conditions as laid down under Section 482(2) of the BNSS as also subject to the following conditions:- (i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) perwez U T