Patna High Court
DEVNARAYAN THAKUR @ DEO NARAYAN THAKUR @ DENONATH THAKURversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Devnarayan Thakur, father‑in‑law of the deceased Goldi Thakur, sought bail in a case registered as Shikarpur P.S. Case No. 706 of 2025 under Sections 80(2) and 3(5) of the B.N.S. The prosecution alleged that the deceased was killed by her in‑laws over a dowry demand of Rs. 1 lakh, and that the petitioner was implicated in the murder. The petitioner contended that he was innocent, had no criminal antecedents, and that the cause of death was asphyxia due to hanging, with the husband already in custody. The State opposed bail. After hearing both sides, the Court found the petitioner's claim of innocence credible, noted the lack of prior record and the fact that he was already in judicial custody, and therefore ordered that bail be granted on a bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriate discretion of the court in granting bail to a petitioner accused under Sections 80(2) and 3(5) of the B.N.S. in a dowry‑related homicide case?
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- cruelty
- Sections 80(2) B.N.S.
- Section 3(5) B.N.S.
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6714 of 2026
Arising Out of PS. Case No.-706 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Devnarayan Thakur @ Deo Narayan Thakur @ Denonath Thakur, Son of Late
Ramadhar Thakur, Resident of Village - Mathura, Police Station - Shikarpur,
District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Shikarpur P.S. Case No.706 of 2025 registered for the
offence punishable under Sections 80(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
daughter of the informant, namely, Goldi Thakur (deceased) was
married to one Rajnish Thakur. It is further alleged that after
marriage deceased was subjected to cruelty on account of non-
fulfillment of dowry demand of Rs. 1 lakh. On 12.07.2025, the
informant has received an informant that his daughter has been
killed by the in-laws. It is alleged that all the in-laws have killed
her.
Patna High Court CR. MISC. No.6714 of 2026(2) dt.10-02-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Petitioner is father-in-law of the
deceased and he has been falsely implicated in this case. The
husband of the deceased is already in custody and from perusal
of the postmortem report also it will transpire that that cause of
death was Asphyxia due to hanging. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since13.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.- 6th, Bettiah, West Champaran in connection with
Shikarpur P.S. Case No. 706 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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