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Patna High Court

Bigan KharwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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