Madan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25217 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== Madan Thakur S/o Dinesh Thakur R/o Village- Farsara, P.S.- Balrampur, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr.Bimal Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Balrampur P.S. Case No. 104 of 2024 dated 16.08.2024 registered for the offence/s punishable u/ss 85, 109 of the BNS and 3 & 4 of the DP Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter by administering poison due to non-fulfillment of demand of Rs. two lakhs as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.25217 of 2025(2) dt.01-07-2025 2/3 petitioner. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Learned counsel for the petitioner has submitted that on 03.08.2024 the petitioner called the informant's son that his sister was bitten by snake and she was taken to Purnia More where the doctor has stated that the snake has bitten her thereafter on 04.08.2024 she was referred to Purnia M.M. Neuro Multi Speciality Hospital where she was admitted in ICU and the doctor has also stated that the snake has bitten her thereafter, the deceased was taken to another hospital, namely, Kishanganj Rediant Hospital, where the informant came to know from the doctor that her daughter was severely assaulted and found the sign of hanging in her neck and the doctor has also stated that she was administered poison in her mouth. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased. It is apparent from the FIR that earlier the deceased made a phone call to her mother and told that the accused persons were making conspiracy to kill her by hanging or by administering poison. It is further
Patna High Court CR. MISC. No.25217 of 2025(2) dt.01-07-2025 3/3 submitted that the deceased was taken to another hospital, namely, Kishanganj Rediant Hospital, where the informant came to know from the doctor that her daughter was severely assaulted and found the sign of hanging in her neck and the doctor has also stated that she was administered poison in her mouth which supports the prosecution case. Earlier the regular bail of the petitioner was rejected by this court vide order dated 18.02.2025 passed in Cr. Misc. No. 87470 of 2024.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Balrampur P.S. Case No. 104 of 2024, pending in the court of learned District and Additional Sessions Judge-VIII, Katihar.
7. The application stands rejected.
(Chandra Prakash Singh, J) atul/- U T