Rajo Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4026 of 2026 Arising Out of PS. Case No.-306 Year-2025 Thana- CHANDI District- Nalanda ====================================================== Rajo Kewat Son of Late Sukhu Kewat Resident of Village - Dharampur, P.S. - Chandi, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocates For the Informant : Mr. Sunil Prasad, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Mr. Shyamal Prakash, learned counsel for the petitioner, Mr. Sunil Prasad, learned counsel for the Informant and Mr. Bhanu Pratap Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.10.2025, in connection with Chandi P.S. Case No. 306 of 2025, F.I.R. dated 14.06.2025 registered for the offences punishable under Sections 80(2), 61 of B.N.S., 2023.

3. Allegation against the petitioner is of committing torture and caused death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

2/4 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the petitioner has been made accused merely on the ground that he is father-in-law of the deceased. Although the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assualt or overt act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons includingt the petitioner. He further submits that similarly situated co-accused persons against whom the similar allegations have been granted regular bail by a Coordinate Bench of this Court vide order dated 15.11.2025 passed in Cr. Misc. No. 65183 of 2025 and husband of the deceased who happens to be the son of the petitioner is in judicial custody. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.10.2025.

5. Learned counsel for the Informant and learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there

3/4 is no specific allegation of any assault or overt act or demand of dowry attributed against the petitioner and the husband of the deceased is in judicial custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 306 of 2025, subject to the following conditions :-

(1) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T