Bail may be granted when the informant clarifies that the First Information Report was lodged based on a mistake of fact, thereby undermining the prosecution's primary allegations.

ORAL ORDER

7 27-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner, who is the husband of the deceased along with his family members has falsely been made accused in the present case although the daughter of the informant had died on account of heart attack and the informant realizing her mistake filed an application before the Court concerned, which is Annexure-P/2 bringing the said facts on record. The petitioner is in custody since 27.08.2025 with no criminal antecedent.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. A report had been called for with regard to the stage of the case, which indicates that charges have already been framed on 15.01.2026 and an application along with power has been filed on 03.05.2024 by the informant which is part of the record and the said application has also been brought on record by the learned Trial Court along with the report with regard to the stage of the trial which indicates that the informant had lodged the F.I.R. on a mistake of fact.

7. Taking into consideration the facts and circumstances and considering the fact that the informant has filed an application with regard to the case being instituted on mistake of fact and such application, being part of the record even as per the report of the learned Sessions Judge, Vaishali at Hajipur, let the above named petitioner, 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 the learned Judicial Magistrate-Ist Class, Vaishali at Hajipur /concerned Court below in connection with Mahnar P.S. Case No. 65 of 2024, subject to the following conditions:

(i) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.