Patna High Court
Umesh Thakur @ Uamesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to the father‑in‑law and mother‑in‑law because the death was recorded as ante‑mortem hanging, indicating possible culpability.
Summary
The petitioners, Umesh Thakur and Sumitra Devi, sought anticipatory bail fearing arrest in a case where Priyanka Kumari was found dead, alleged to be a suicide but the post‑mortem recorded as asphyxia due to ante‑mortem (fake) hanging. The prosecution alleged that the informant's daughter was found dead after a family dispute, and the father‑in‑law and mother‑in‑law were implicated. The petitioners argued that the death was a suicide and that a lower bench had earlier granted relief to a sister‑in‑law. The court examined the nature of ante‑mortem hanging and concluded it differed from a genuine suicidal hanging, indicating possible foul play. Consequently, the court rejected anticipatory bail for petitioners 1 and 3, directing them to surrender within four weeks for trial.
Issues considered
- Whether anticipatory bail can be granted to the father‑in‑law and mother‑in‑law in a case of alleged fake hanging.
- Whether the nature of the death (ante‑mortem hanging) negates the privilege of anticipatory bail.
Legislation cited
- BNS — s. 3(5), 80
Subjects
- anticipatory bail
- ante‑mortem hanging
- fake hanging
- post‑mortem report
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68169 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Umesh Thakur @ Uamesh Thakur Son of Late Dhari Thakur Resident Of
Village - Fanda, P.S. - Paroo, Dist. -Muzaffarpur
2. Anshu Kumari D/o Umesh Thakur R/o Village - Fanda, P.S. - Paroo, Dist. -
Muzaffarpur.
3. Sumitra Devi @ Shiv Pati Devi Wife of Umesh Thakur R/o Village - Fanda,
P.S. - Paroo, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manindra Kishore Singh, Adv.
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-02-2026 Heard Mr. Manindra Kishore Singh, learned counsel
for the petitioners and the State.
2. The petitioners apprehend their arrest in connection
with Paroo P.S. Case No. 168 of 2025 for the offence registered
under sections 80/3(5) of the BNS.
3. As per the prosecution story, the informant alleged
that his daughter, Priyanka Kumari was married to Tinku Thakur
and on 03.04.2025, he had a talk with her. After a talk, he found
her to be in afraid state of affairs and sent his nephew but was
not permitted to meet her and informed that she is in washroom.
However, the mother-in-law said that the lady is in hospital, the
Patna High Court CR. MISC. No.68169 of 2025(3) dt.11-02-2026
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nephew informed whereafter, they reached the place. There was
no one in the house and when they entered it somehow, found
the dead body lying on the earth. This led to the FIR.
4. Learned counsel for the petitioner nos. 1 and 3
submit that they are father-in-law and mother-in-law
respectively, she committed suicide, feeling adverse reaction by
the informant, they escaped. He also submits that the Co-
ordinate Bench while calling for the case diary has granted relief
to the petitioner no. 2, Anshu Kumari (sister-in-law) on
08.10.2025.
5. Learned APP, on the other hand, has taken this
Court to show that the cause of death has been recorded as
Asphyxia due to ante-mortem hanging. The search on the
definition of ante-mortem hanging shows that it comes within a
category of fake hanging and is very different from suicidal
hanging.
6. The death has taken place. The husband was not at
the place of occurrence, in that background, the role of the
father-in-law and mother-in-law cannot be ignored in view of
the post-mortem report recording the cause of death. A young
girl has left this world, in that background, this Court is not
inclined to extend them privilege of anticipatory bail.
Patna High Court CR. MISC. No.68169 of 2025(3) dt.11-02-2026
3/3
7. The anticipatory bail of petitioner nos. 1 and 3,
namely, Umesh Thakur and Sumitra Devi stands rejected.
8. However, if the petitioners surrender within four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U
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