Madan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70451 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== Madan Thakur Son of Dinesh Thakur Resident of village- Farsara PS -Balrampur District- Katihar ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 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 coaccused 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 petitioner. The petitioner is the husband of the deceased. The
Patna High Court CR. MISC. No.70451 of 2025(2) dt.28-11-2025 2/3 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 submitted that the deceased was taken to another hospital, namely, Kishanganj Rediant Hospital, where the informant came to know from the
Patna High Court CR. MISC. No.70451 of 2025(2) dt.28-11-2025 3/3 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 twice by this court vide order dated 18.02.2025 passed in Cr. Misc. No. 87470 of 2024 and vide order dated 01.07.2025 passed in Cr. Misc. No. 25217/2025 respectively.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with S.T. No. 163/2025 arising out of Balrampur P.S. Case No. 104 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T