The court grants bail based on the absence of prior convictions and similarities in cases of co-accused.

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 21-01-2026 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

21.06.2025 in connection with Jaitpur P.S. Case No. 85 of 2025, F.I.R. dated 05.06.2025 for the offences punishable under Sections 80 , 3(5) of the B.N.S.

3. According to prosecution case, petitioner and other co-accused persons are alleged to have killed the informant’s sister due to non-fulfillment of demand of one Bullet Motorcycle as dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and the 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 in the present case merely on the ground that he is husband of the deceased. It appears from the F.I.R. that the date of marriage is 29.11.2019 and date of occurrence as mentioned in the F.I.R. is 03.06.2025 but the present F.I.R. has been instituted on 05.06.2025 after delay of two days without giving any explanation of delay. Similarly situated co- accused persons, namely, Pratibha Devi and Shanti Devi have been granted regular bail by a coordinate Bench of this Hon’ble Court vide order dated 19.08.2025 passed in Cr. Misc. No.56605 of 2025 and co-accused Sikandra Sah has been granted bail by a coordinate Bench of this Court vide order dated 19.09.2025 passed in Cr. Misc. No. 66229/2025 and it has come during investigation that the deceased has committed suicide herself and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 21.06.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and similarly situated co-accused persons have been granted regular bail by different Coordinate Benches of this Hon’ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class (West), Court No.7, Muzaffarpur in connection with Jaitpur P.S. Case No. 85 of 2025, with the following conditions:

i. 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 her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)