Patna High Court
Dahaur Das @ Dahuor DosversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted because the petitioner’s close familial ties to the victim and the circumstances of the investigation warranted denial of the bail application.
Summary
The petitioner, Dahaur Das, applied for regular bail in a case registered under sections 302 and 34 of the Indian Penal Code concerning the death of the informant's brother, whose body was found in the courtyard of the informant's in‑laws. The prosecution alleged that the deceased had a love affair with Archana Kumari and that the petitioner, being the informant's father‑in‑law, might be involved, with the post‑mortem indicating death by strangulation. The petitioner contended that he was falsely implicated, had no prior criminal record, and that there were no eyewitnesses to the alleged crime. The State opposed bail, emphasizing the familial relationship, the location of the body, and the nature of the injuries. After hearing both sides, the court noted the serious nature of the allegations and the petitioner’s close connection to the victim, concluding that bail could not be safely granted. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail can be granted to the petitioner under sections 302 and 34 IPC given the circumstances of the case
- Whether the petitioner’s relationship to the victim and the evidentiary material justify denial of bail
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- homicide
- strangulation
- criminal procedure
- father-in-law
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89017 of 2025
Arising Out of PS. Case No.-189 Year-2023 Thana- RAGHOPUR District- Vaishali
======================================================
Dahaur Das @ Dahuor Dos, S/o Late Ganga Das, R/o Village - Jagdishpur,
P.S- Raghopur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
Mr. Pankaj Kumar, Advocate
Mr. Aryamani Kumar, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Raghopur P.S. Case
no.189 of 2023 registered under sections 302 and 34 of the
Indian Penal Code.
3. As per the prosecution case, the informant states
that his younger brother disappeared and was not to be found
inspite of search. Subsequently, it transpired that his dead body
was lying in the aangan of the house of the informant’s father-
in-law. On reaching there he could see a ligature mark on his
neck.
4. Learned counsel for the petitioner submits that the
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petitioner has been falsely implicated in the case. It transpired in
course of investigation that there was some love affair between
Archana Kumari and the brother of the informant, however the
informant was threatening his brother that he should not marry
Archana Kumari who happens to be the informant’s wife’s sister
or else the consequences would be bad. There is no eye witness
to the occurrence. The petitioner is in custody since 2.6.2025
and has no criminal antecedent. Charge-sheet has been
submitted in the case.
5. The prayer for bail is opposed by learned A.P.P. for
the State who submits that the dead body of the brother of the
informant who is said to be having a love affair with Archana
Kumari was found in the aangan of the informant’s in-laws’
house. The petitioner herein happens to be the father-in-law of
the informant and the cause of death in the postmortem report
has been said to be asphyxia due to strangulation.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation, the
petitioner being the father-in-law of the informant in whose
house/aangan the dead body of the informant’s brother was
found and the cause of death in the postmortem report being
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asphyxia due to strangulation, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
avinash/-
U T
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