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2026 DAILYLAW 14136 (PAT)

Rajnish Thakur v. The State of Bihar

CR. MISC./22912/2026 · 2026-05-18

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22912 of 2026 Arising Out of PS. Case No.-706 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Rajnish Thakur S/O Late Dev Narayan Thakur R/O Village- Mathura, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 18-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. 2. The petitioner has prayed for regular bail in connection with Shikarpur P.S. Case No. 706 of 2025 instituted for the offence under Sections 80(2), 3(5) of BNS. 3. The case of the prosecution is that the deceased was married to the petitioner three years ago. It is further alleged that she was being subjected to cruelty on account of non-fulfillment of dowry demand. On 12.7.2025 informant received an information that deceased has been killed by her in-laws. 4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has further submitted that the nature of allegation is general and omnibus and from perusal of the postmortem report it will transpire that Patna High Court CR. MISC. No.22912 of 2026(3) dt.18-05-2026 2/3 the doctor conducting an autopsy has opined that death was due to Asphyxia as a result of hanging. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and is languishing in judicial custody since 23.07.2025. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that the doctor conducting autopsy has found two antemortem injuries: First is dorsal surface of left hand swollen with an abrasion ½” x ¼” present on its surface. Underlying soft tissues at these swollen areas were infiltrated with blood. These injuries were caused by hard blunt object and antemortem in nature. Second is one oblique ligature mark ½” wide and 7” long present on upper part of the neck, extending from below the angle of right mandible to front of neck to left side of neck upto mandibular angle. It has further been submitted that learned counsel for the petitioner is not able to satisfy regarding the first antemortem injury. Allegedly allegation is that she was being assaulted by her in-laws. Petitioner is the husband of the deceased and being her husband, greater responsibility to protect his wife is upon him. 6. Having heard the learned counsel for the parties and considering the facts and cirumstances of this case as stated above, this court is not inclined to enlarge the petitioner on bail Patna High Court CR. MISC. No.22912 of 2026(3) dt.18-05-2026 3/3 at this stage and, as such, his prayer for bail stands rejected. 7. However, the petitioner will be at liberty to renew his prayer for bail after six months if the trial is not concluded. 8. Learned trial court is directed to expedite the trial and conclude the same within stipulated period of time. Shubham/- Sneha/- (Ashok Kumar Pandey, J) U T