Patna High Court
Parshuram KharwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, directing that the petitioners be released on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioners, a 70‑year‑old father‑in‑law and a 65‑year‑old mother‑in‑law, applied for regular bail in a murder case (Case No. 93 of 2025) alleging they had no criminal antecedent and were suffering from health ailments. The deceased’s husband is already in judicial custody, and the petitioners have been in jail since 26‑11‑2025. The State opposed bail, claiming the petitioners actively participated in the killing. The court, considering the petitioners’ advanced age, health conditions, lack of prior record, and the fact that the primary accused (the husband) is already detained, ordered that bail be granted upon furnishing a bail‑bond of Rs 10,000 with two sureties each. Consequently, the bail application was allowed.
Issues considered
- Whether bail should be granted to elderly accused persons under Sections 80 and 3(5) of the B.N.S. in a murder case.
- Whether the petitioners’ age, health, and lack of criminal antecedent justify bail despite the seriousness of the offence.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- murder
- elderly accused
- Sections 80 and 3(5) B.N.S.
- health considerations
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19611 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- Tilak Rai Ka Hata District- Buxar
======================================================
1. Parshuram Kharwar Son of Late Kishori Kharwa Resident of Village-
Keshopur, P.S.- Tilak Rai Ka Hata in the district of Buxar
2. Asha Devi Wife of Parshuram Kharwar Resident of Village- Keshopur, P.S.-
Tilak Rai Ka Hata in the district of Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioner is permitted to
make necessary correction in Para-4 of the bail petition as
regards the year of custody of the petitioners.
3. The petitioners have preferred this application for
grant of regular bail in connection with Tilak Rai Ka Hata P.S.
Case No. 93 of 2025 dated 22.09.2025 registered for the
offences punishable under Sections 80 and 3(5) of B.N.S.
4. As per the allegation, petitioners being father-in-
law and mother-in-law along with other co-accused persons
including the husband had done to death the daughter of the
Patna High Court CR. MISC. No.19611 of 2026(2) dt.25-03-2026
2/3
informant, when the informant reached at the matrimonial house
of his daughter he found his daughter died having black rope
mark on her neck.
5. Learned counsel for the petitioners submits that
petitioners happens to be the father-in-law and mother-in-law
respectively of the deceased and there is general and omnibus
allegation against the petitioners. It has been further submitted
that petitioners are old persons aged 70 and 65 years
respectively now suffering from several ailments and used to
live separately from the deceased and her husband. It has been
further submitted that in Para-10, it has been mentioned that the
husband of the deceased was arrested and he is in judicial
custody and the petitioners are in jail since 26.11.2025 and have
got no criminal antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners and has submitted that the
petitioners have taken active part in killing of the deceased.
7. Considering the facts and circumstances and also
considering the fact that the husband of the deceased is in
custody and the petitioners are old persons, the petitioners
above-named, are directed to be enlarged on bail on furnishing
bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.19611 of 2026(2) dt.25-03-2026
3/3
sureties of the like amount each to the satisfaction of learned
Buxar, in connection with Tilak Rai Ka Hata P.S. Case No. 93 of
2025.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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