Patna High Court
Diwakar Kumar @ Diwakar RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail cannot be granted as the accusations are specific, grave, and supported by investigative material.
Summary
Diwakar Kumar, the petitioner, was implicated in an alleged honour killing where the deceased's son was reportedly murdered and his body thrown on a railway track. He sought anticipatory bail, claiming innocence, lack of eyewitness testimony, and a clean record. The State opposed the bail, highlighting specific accusations under Sections 103(1), 61(2) and 238 of the B.N.S., the seriousness of the offence, and investigative material indicating motive and prior threats. The court examined the gravity of the charges and the direct nature of the allegations. Concluding that the circumstances warranted denial of bail, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the specific accusations of murder and honour killing under the B.N.S.
- Whether the seriousness of the offence and the material gathered during investigation justify denial of anticipatory bail
Legislation cited
- B.N.S. — s. 103(1), 238, 61(2)
Subjects
- anticipatory bail
- honour killing
- murder
- criminal procedure
- Section 103
- Section 61
- Section 238
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90709 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- JAMUI RAIL District- Lakhisarai
======================================================
Diwakar Kumar @ Diwakar Ravidas S/O Madan Ravidas R/O Village-
Penghi, Ward No.- 3, P.S- Barhat, District-Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Niranjan Parihar, Advocate
For the State : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1),
61(2) and 238 of the B.N.S..
3. It is a case of honour killing. As per prosecution
case, informant alleged that all the F.I.R. named accused
persons, including this petitioner, killed her son and threw his
dead body on the railway track.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Informant is not an eye witness to the
occurrence. As a matter of fact, petitioner happens to be brother-
in-law of the deceased and he has falsely been implicated in this
Patna High Court CR. MISC. No.90709 of 2025(2) dt.10-02-2026
2/2
case merely on suspicion. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation of committing murder of son of
informant, namely Munna Kumar and throwing his dead body
on railway track. During course of investigation, it has come
that the accused persons, including this petitioner, were not
happy with the marriage of co-accused Bindu Kumari with the
deceased and earlier also, they attacked the house of the
deceased and used to threaten to kill the deceased.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and materials that have surfaced during course of investigation,
the prayer for grant of anticipatory bail to the petitioner is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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