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Patna High Court

Dahaur Das @ Dahuor DosversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.89017 of 2025(4) dt.19-03-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.89017 of 2025(4) dt.19-03-2026
                                                        3/3




                      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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