Bail granted based on lack of substantial evidence against the petitioners, reflecting the necessity of clear allegations for arrest.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Biharsharif P.S. Case No. 582 of 2025 registered for the offences punishable under Sections 80 , 238 and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The marriage of the sister of the informant was solemnized with one Ravi Kumar on 07.02.2025. On 15.10.2025, the informant received a call that his sister has been done to death, whereupon he reached to her matrimonial house and found the dead body of his sister was lying on Sofa. It is further alleged that just after few minutes, the elder brother-in- law of the husband of his sister and his friend, who are the petitioner nos. 1 and 2 before this Court, along with the mother of the informant took the victim on a four wheeler vehicle. However, after two hours they have come out with the dead body of the deceased. The informant suspected the hands of the petitioners in causing the death of the deceased.

4. Learned Advocate for the petitioners submitted that even as per the F.I.R., there is neither any allegation of demand of dowry nor torture. Moreover, even if the allegation is taken to be true, for the sake of argument, it is the case of the prosecution that the unconscious sister of the informant or the deceased was taken to hospital along with her mother, however, she could not survive and thereafter the dead body was brought to the house. Post-mortem was also done and it has been found that she died on account of asphyxia, due to hanging. In fact, when the informant came to know about the false implication of the petitioners, he immediately filed a petition before the learned Chief Judicial Magistrate, Nalanda with a categorical statement that his sister has committed suicide, as she was suffering from various ailments and there is no role of the petitioners in causing her death. This Court is also apprised that the husband of the deceased is already in custody for the last two months, moreover, the petitioners have got fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation levelled against the petitioners, coupled with the post-mortem report as well as the petition filed by the informant categorically stating that the petitioners have no role in causing the death of the deceased, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, Nalanda in connection with Biharsharif P.S. Case No. 582 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.

(Harish Kumar, J)