IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8929 of 2026 Arising Out of PS. Case No.-339 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== 1. Ranjan Sah @ Ranjan Kumar S/o- Baidhyanath Sah @ Tekasah Resident of Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East Champaran 2. Raja Sah @ Raja Kumar S/o- Baidhyanath Sah @ Teka Sah Resident of Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East Champaran 3. Baidhyanath Sah @ Teka Sah S/o- Late Punkal Sah Resident of Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East Champaran 4. Basanti Devi W/o- Baidhyanath Sah @ Teka Sah Resident of Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the State : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 24-02-2026 Heard learned counsel for the Petitioner and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 339 of 2025 dated 02.09.2025 registered for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. 3. Mr. Dhurendra Kumar, learned counsel appearing for the petitioners, submits that petitioner Nos. 1 and 2 are the brothers-in-law of the deceased, and petitioner Nos. 3 and 4 are the Patna High Court CR. MISC. No.8929 of 2026(2) dt.24-02-2026 2/3 father-in-law and mother-in-law of the deceased. He further submits that the FIR does not contain any specific allegation against the petitioners regarding the alleged demand of a motorcycle or acts of cruelty. In fact, the deceased had an illicit relationship with another person and on the alleged day and time of occurrence, she left her house with her paramour, which was informed to the informant. During the course of the search, the dead body of the deceased was recovered from a canal, which was reported to the police, and thereafter, a postmortem examination was conducted on 23.08.2025, a copy of which has been filed as Annexure-2. Learned counsel further submits that the medical expert opined the cause of death in the postmortem report as asphyxia due to drowning, and on external examination, no injury was found except one abrasion on the left elbow of the deceased, which does not suggest that the deceased was subjected to cruelty immediately prior to her death. It is lastly submitted that it is an admitted position that the dead body was found on 22.08.2025, the same day as the alleged occurrence, and this fact was known to the informant. Despite this, the informant did not take any immediate legal action regarding the alleged offences and lodged the FIR only on 02.09.2025, eleven days after the occurrence, which indicates mala fide intention on the part of the informant. 4. Learned APP appearing for the State has opposed the Patna High Court CR. MISC. No.8929 of 2026(2) dt.24-02-2026 3/3 prayer for bail of the petitioner but fairly accepted the said delay of eleven days in taking the legal action with regard to the commission of the alleged occurrence. 5. In the facts and circumstances of the case, and in view of the above-stated facts, the pleas taken by the petitioners, coupled with the fact that an inordinate delay of eleven days occurred on the part of the informant despite the dead body of the deceased being recovered on the same day of the alleged occurrence when the informant received information of the commission of the alleged offences, and further, considering that there is no specific allegation against any of the petitioners, in my opinion, this is a fit case for granting anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kalyanpur P.S. Case No. 339 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. maynaz/- (Shailendra Singh, J) U T