Patna High Court
Radha Mohan Thakur @ Radhe Mohan ThakurversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The Patna High Court considered a bail application filed by Radha Mohan Thakur, who is accused of dowry‑death under IPC Section 304B and murder under Section 34. The prosecution alleged that Thakur and co‑accused strangled the informant’s granddaughter over a dowry demand. The petitioner argued that the death was a suicide by hanging, citing an autopsy report that showed asphyxia without external or internal injuries, and emphasized his clean criminal record. The court observed that charges had been framed and two of seven charge‑sheeted witnesses had been examined, but found no compelling reason to keep the accused detained. Consequently, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, directing him to cooperate with the trial and warning that bail may be cancelled for non‑appearance.
Issues considered
- Whether bail can be granted in a case involving alleged dowry death and murder where charges have been framed
- Whether the claim of suicide and the petitioner’s lack of prior criminal antecedents justify granting bail
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- Section 34
- murder
- suicide claim
- criminal procedure
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9939 of 2026
Arising Out of PS. Case No.-36 Year-2023 Thana- SAHARGHAT District- Madhubani
======================================================
Radha Mohan Thakur @ Radhe Mohan Thakur S/O Rajeev Thakur R/O Vill.-
Bengra, P.s.- Saharghat, Dist.- Madhubani
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nilesh Kumar Pandey
For the Opposite Party/s : Mrs.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner has renewed his prayer bail in
connection with Saharghat P.S. Case No. 36 of 2023, registered
for the offence under Sections 304(B), 34 of the Indian Penal
Code, his earlier attempt was rejected vide order dated
24.06.2025 passed in Cr. Misc. No. 24292 of 2025.
3. As per the allegation, the petitioner and the co-
accused persons are alleged to have killed the informant’s grand
daughter by pressing her neck due to non-fulfillment of demand
of dowry.
4. Learned counsel appearing for the petitioner
submits that although the petitioner happens to the husband of
the deceased, but, in fact, on the fateful day many phone calls
were made to her and it appears that she was in relationship with
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somebody else and in a heat of passion and spur of moment
committed suicide. It has been opined by the autopsy surgeon
that the death was due to asphyxia as a result of hanging. There
is no external or internal injuries on the person of the deceased
and charges have been framed in this case. Petitioner is in
custody since 23.10.2024 and he has got no criminal
antecedents.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. The report regarding the stage of the case was
called for vide order dated 24.02.2026 and the report goes to
show that charges have been framed and out of seven charge-
sheeted witnesses, two have been examined.
7. Considering the facts and circumstances of the case
and the fact that the charges have been framed, let the, above
named, petitioner be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-II,
Madhubani, in connection with Saharghat P.S. Case No. 36 of
2023 (Sessions Trial No. 111 of 2025).
8. The petitioner is directed to cooperate in the trial
and in default of appearance on two successive dates, the
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learned court below would be at liberty to cancel the bail bonds
of the petitioner.
(Praveen Kumar, J)
Pawan/-
U T
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