Patna High Court
Jatashankar Sharma @ Jatashankar Thakur @ Jaysankar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, in the absence of substantive evidence, the petitioners are entitled to bail.
Summary
The petitioners, relatives of a deceased woman, sought bail after an FIR was lodged under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging they failed to care for the victim, leading to her death. The petitioners argued they were innocent and that the FIR was based merely on suspicion, noting that the victim's husband had already surrendered. The informant and the State opposed bail, contending that specific allegations existed against the petitioners. The court examined the nature of the allegations and the statutory provisions governing bail. Considering the lack of concrete evidence and the circumstances, the court ordered that the petitioners be released on bail upon furnishing a bond of ₹30,000 each, subject to conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the allegations under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the mere suspicion of failure to care for the victim suffices to deny bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- suspicion
- victim care
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10494 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- INARWA District- West Champaran
======================================================
1. Jatashankar Sharma @ Jatashankar Thakur @ Jaysankar Thakur S/o- Suresh
Thakur Village- Inarwa Bazar PS- Inarwa Distt- West Champaran
2. Sugandhi Devi @ Sugan Devi W/o- Jatashankar Sharma @ Jatashankar
Thakur @ Jaysankar Thakur Village- Inarwa Bazar PS- Inarwa Distt- West
Champaran
3. Nandani Devi @ Rajnandni Kumari @ Rajmmdni Kumari w/o- Jatashankar
Sharma @ Jatashankar Thakur @ Jaysankar Thakur Village- Inarwa Bazar
PS- Inarwa Distt- West Champaran, P/A- Nawalpur Ps- Nawalpur Dist- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate
For the State : Mr. Jagdhar Prasad, APP
For the informant : Mr. Dhandev Kumar, Advocate
Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The petitioners are apprehending their arrest in
connection with Inarwa P.S. Case No. 145/2025 lodged on
17.11.2025, for the offences punishable under sections 80(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the F.I.R. has been
lodged against five named accused persons alleging that they
did not take proper care of the victim, as a result of which she
Patna High Court CR. MISC. No.10494 of 2026(2) dt.12-03-2026
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died.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that from the contents of the F.I.R., it becomes
crystal clear that the F.I.R. has been lodged merely on the basis
of suspicion that the petitioners did not take proper care of the
victim, who was the daughter-in-law of the family. Learned
counsel further submits that petitioner nos. 1, 2 and 3 are the
father-in-law, mother-in-law and the married sister-in-law of the
victim respectively. It is also submitted that the husband of the
victim has already surrendered before the learned trial court.
5. Learned counsel appearing for the informant, on
the other hand, vehemently opposes the prayer for bail and
submits that there are specific allegations against the petitioners
that they failed to take proper care of the victim, as a result of
which she died.
6. Learned APP for the State opposes the prayer for
bail.
7. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
Patna High Court CR. MISC. No.10494 of 2026(2) dt.12-03-2026
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(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
satisfaction of the learned Court below JM, First Class, Bettiah,
West Champaran, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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