Patna High Court
Bigan KharwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the petitioners are entitled to regular bail and ordered its grant subject to bond and conditions.
Summary
The petitioners, Bigan Kharwar and his wife Laljharo Devi, father‑in‑law and mother‑in‑law of a woman who died under suspicious circumstances, applied for regular bail in a case registered under Sections 80(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging dowry‑related homicide. The prosecution alleged that the petitioners were involved in the death of the informant’s daughter, but the post‑mortem report indicated death by hanging due to cardiac‑respiratory failure, and the husband of the deceased was already in custody. The petitioners, aged about 65 and 60, claimed innocence, clean antecedents, and that they had been in custody since 10 January 2026. The State and the informant opposed bail. Considering the age of the petitioners, their relationship to the deceased, the manner of death, and the fact that the primary accused (the husband) was already detained, the court granted regular bail to each petitioner on a bond of Rs 30,000, subject to conditions under Section 480(3) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 for offences punishable under Sections 80(2), 103(1) and 3(5).
- Whether the circumstances of the case – age of petitioners, relationship to the deceased, cause of death by hanging, and custody of the husband – justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 2(1)(d), 3(5), 480(3), 80(2)
Subjects
- regular bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80(2)
- Section 103(1)
- Section 3(5)
- hanging
- age factor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20977 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- KARAHGAR District- Rohtas
======================================================
1. Bigan Kharwar S/o Late Kapildeo Kharwar R/o vill - Larui, P.O. - Panapur,
P.S.- Kargahar, Distt.- Rohtas
2. Laljharo Devi W/o Bigan Kharwar R/o vill - Larui, P.O. - Panapur, P.S.-
Kargahar, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Adv.
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
For the Informant : Mr. Mithilesh Kr. Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners seek regular bail in connection with
Kargahar P.S. Case No. 4 of 2026 lodged on 10.01.2026, for the
offence punishable under Sections 80(2), 103(1) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners
with allegation that they have killed the informant’s daughter
due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.20977 of 2026(3) dt.13-05-2026
2/3
Counsel submits that the present petitioners are father in law
and mother in law of the deceased, aged about 65 years & 60
years respectively. He submits that the marriage was solemnized
in the year 2024 and after marriage, the husband and wife were
living separately. He further submits that from the wedlock, they
have a child also. He submits that the deceased was a lady of
high temperament and on petty issue, quarreling used to take
place between the husband and wife. Counsel also submits that
the husband of the deceased is already in custody. He further
submits that the petitioners have clean antecedent and they are
in custody since 10.01.2026.
5. Learned counsel for the informant vehemently
opposes the prayer for bail.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that on previous
occasion, case diary & post-mortem report has been called for
and from the post-mortem report, it transpires that the cause of
death is asphyxia caused by hanging due to cardiac respiratory
failure.
7. In the present facts and circumstances of this case,
considering that the death has been caused due to hanging and
the husband of the deceased is already in custody and the
Patna High Court CR. MISC. No.20977 of 2026(3) dt.13-05-2026
3/3
petitioners are father in law and mother in law of the deceased,
aged about 65 years & 60 years, therefore, let the above named
petitioners be granted bail, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Sub-
Judge XII-cum-A.C.J.M., Sasaram (Rohtas), in connection with
Kargahar P.S. Case No. 4 of 2026, subject to the conditions as
laid down U/s 480(3) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.