Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90181 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. Pathak S/O Uma Pathak @ Uma Nath Pathak Resident of vill- Harnathpur, PS- Raghunathpur Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Anupam, Adv.
For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with G. B. Nagar P.S. Case No. 314 of 2024 registered for the offences punishable under Sections 304B, 201 and34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.
3. The main submissions advanced by the petitioner's counsel are that, as per the prosecution case, all the FIR-named accused persons, including the present petitioner, are alleged to have committed the murder of the informant's daughter in furtherance of their common intention on account of nonfulfillment of dowry demands, the petitioner stands in the relationship of a brother-in-law to the deceased, and that his marriage to the sister-in-law of the deceased took place ten
Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026 2/3 months after the marriage of the deceased; therefore, the allegations levelled against the petitioner are not believable. It is further submitted that the other co-accused, namely Guddi Pathak @ Guddi Devi and Jyoti Pathak @ Jyoti Kumari, have been granted anticipatory bail by the learned co-ordinate Benches of this Court vide orders dated 17.01.2025 and 07.05.2025 passed in Cr. Misc. Nos. 79592 of 2024 and 25688 of 2025, respectively, and the co-accused Rinku Pandey and Nawneet Pandey have been granted regular bail by the learned co-ordinate Bench of this Court vide order dated 05.03.2025 passed in Cr. Misc. No. 15426 of 2025. It is lastly submitted that the petitioner has no criminal antecedent and has been languishing in judicial custody since 09.09.2025.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions, the averments made in this application, the period of custody of the petitioner, his fair and clean antecedent and privilege of bail having been granted to above mentioned co-accused persons by the co-ordinate Benches of this Court, in my opinion, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be released on bail
Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026 3/3 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with G. B. Nagar P.S. Case No. 314 of 2024.
(Shailendra Singh, J) maynaz/- U T