Nageshwar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9081 of 2026 Arising Out of PS. Case No.-508 Year-2025 Thana- JHAJHA District- Jamui ====================================================== 1.
Nageshwar Thakur S/O Late Asho Thakur R/O Vill. Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar 2.
Varsha Kumari D/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar 3.
Gulshan Thakur @ Gulshan Kumar S/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar 4.
Badal Thakur @ Badal Kumar S/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar 5.
Saraswati Devi W/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Mani, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-02-2026 Heard learned counsel for the Petitioners and learned APP for the State.
2. At the outset, it is submitted by the petitioners' counsel that, among the petitioners, petitioner no. 3 and petitioner no. 4 have been arrested. Therefore, the instant application has become infructuous in respect of them, and he seeks to withdraw the same in respect of the said petitioners.
3. Considering the aforesaid submission and prayer, the instant application stands dismissed as withdrawn in respect
Patna High Court CR. MISC. No.9081 of 2026(2) dt.25-02-2026 2/3 of petitioner no. 3 and petitioner no. 4.
4. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 508 of 2025 dated 23.10.2025 registered for the offences punishable under Sections 81 and 83 of the Bharatiya Nyaya Sanhita.
5. Mr. Rahul Mani, learned counsel appearing on behalf of the rest of the petitioners, submits that petitioner no. 1 is the father-in-law, petitioner no. 2 is the sister-in-law, and petitioner no. 5 is the mother-in-law of the informant. It is an admitted position that the marriage between the informant and the co-accused, Sawan Kumar Thakur, son of petitioner no. 1, was the result of a love affair between the said co-accused and the informant. The FIR clearly depicts that the main grievance and allegation levelled by her is against her husband only, and the alleged offences under Sections 81 and 83 of the BNS, under which the FIR has been registered, do not even prima facie attract against the petitioners. The allegation of physical exploitation of the informant is against the co-accused, Sawan Kumar Thakur, and the petitioners have been accused mainly on account of being relatives of the said co-accused.
6. Learned APP for the State has opposed the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.9081 of 2026(2) dt.25-02-2026 3/3
7. In the facts and circumstances of this case, and considering the above submissions, the pleas taken by the petitioners in their application, coupled with the fact that all the petitioners are relatives of the co-accused, Sawan Kumar Thakur, against whom the informant has levelled the main allegations, in my opinion, it is a fit case for grant of anticipatory bail to the petitioners. Accordingly, let the petitioner nos. 1, 2 and 5 named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Jhajha P.S. Case No. 508 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J) maynaz/- U T