← Library
Patna High CourtCR. MISC./20977/2026bail granted

Bigan Kharwar v. The State Of Bihar

2026-05-13Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20977 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- KARAHGAR District- Rohtas ====================================================== 1.

Bigan Kharwar S/o Late Kapildeo Kharwar R/o vill - Larui, P.O. - Panapur, P.S.- Kargahar, Distt.- Rohtas 2.

Laljharo Devi W/o Bigan Kharwar R/o vill - Larui, P.O. - Panapur, P.S.- Kargahar, Distt.- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP For the Informant :

Mr. Mithilesh Kr. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners seek regular bail in connection with Kargahar P.S. Case No. 4 of 2026 lodged on 10.01.2026, for the offence punishable under Sections 80(2), 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners with allegation that they have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.20977 of 2026(3) dt.13-05-2026 2/3 Counsel submits that the present petitioners are father in law and mother in law of the deceased, aged about 65 years & 60 years respectively. He submits that the marriage was solemnized in the year 2024 and after marriage, the husband and wife were living separately. He further submits that from the wedlock, they have a child also. He submits that the deceased was a lady of high temperament and on petty issue, quarreling used to take place between the husband and wife. Counsel also submits that the husband of the deceased is already in custody. He further submits that the petitioners have clean antecedent and they are in custody since 10.01.2026.

5. Learned counsel for the informant vehemently opposes the prayer for bail.

6. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that on previous occasion, case diary & post-mortem report has been called for and from the post-mortem report, it transpires that the cause of death is asphyxia caused by hanging due to cardiac respiratory failure.

7. In the present facts and circumstances of this case, considering that the death has been caused due to hanging and the husband of the deceased is already in custody and the

Patna High Court CR. MISC. No.20977 of 2026(3) dt.13-05-2026 3/3 petitioners are father in law and mother in law of the deceased, aged about 65 years & 60 years, therefore, let the above named petitioners be granted bail, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of SubJudge XII-cum-A.C.J.M., Sasaram (Rohtas), in connection with Kargahar P.S. Case No. 4 of 2026, subject to the conditions as laid down U/s 480(3) of the B.N.S.S., 2023.

(Dr. Anshuman, J) Divyansh/- U T