Patna High Court

Shivji ThakurversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Shivji Thakur, the father‑in‑law of the deceased Aarti Kumari, applied for regular bail in a case registered under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Aarti Kumari, married to Krishna Thakur, was subjected to dowry cruelty and subsequently died by hanging, which the petitioner claims was a suicide caused by stress and his inability to take her to Delhi. The petitioner, a man of clean antecedent, has been in judicial custody since 3 April 2025. The State opposed the bail, but the court, after considering the circumstances and the petitioner’s background, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Sub‑Divisional Judicial Magistrate, Dhaka, Motihari.

Issues considered

Whether bail can be granted in a case involving alleged dowry‑related death under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
Whether the petitioner’s clean antecedent and the circumstances of the alleged suicide justify the grant of regular bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80

Subjects

bail
dowry death
suicide
criminal procedure
Bharatiya Nyaya Sanhita
regular bail
domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87262 of 2025
                     Arising Out of PS. Case No.-102 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Shivji Thakur S/o Late Devdhari Thakur Resident of village - Shripur Kasba,
                 P.S - Ghorasahan, District - East Champaran
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 80, 61(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution, in short, is that one Aarti

                   Kumari (the deceased) was married with Krishna Thakur. It is

                   further alleged that she was being subjected to cruelty by her in-

                   laws for non-fulfillment of dowry demand of motorcycle. It is

                   further alleged that on 01.04.2025 the petitioner informed the

                   informant that the deceased was ill. When the informant reached

                   there, he came to know that his daughter has died.

                                4. Learned counsel for the petitioner submits that from

                   perusal of the order of the learned trial court it is clear that in post-

                   mortem the cause of death is Asphyxia due to hanging. Learned
            Patna High Court CR. MISC. No.87262 of 2025(2) dt.05-01-2026
                                                        2/2




                      counsel for the petitioner has submitted that the petitioner is

                      father-in-law and as the husband of the deceased was working at

                      Delhi and the deceased was in stress and she was not being taken

                      to Delhi by her husband; as a result of which she has committed

                      suicide. Learned counsel for the petitioner has submitted that the

                      petitioner is a man of clean antecedent and is in judicial custody

                      since 03.04.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Ghorasahan P.S. Case No. 102 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned Sub-

                      Divisional Judicial Magistrate, Dhaka, Motihari, East Champaran.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…