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Patna High Court

Diwakar Kumar @ Diwakar RavidasversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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