IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41758 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- Haraiya District- East Champaran ====================================================== Ghanshyam Kumar Mestar S/o Mahavir Mestar R/o Village- Usmari, PS- Riga, Distt- Sitamarhi at present R/o care Kalavati Devi, ward no. 01, P.S.- Haraiya, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 3 07-08-2026 Heard learned counsel for the petitioner, Mr. Shashank Shekhar along with Mr. Umesh Lal Verma, learned A.P.P. on behalf of the State. 2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Haraiya P.S Case No. 02 of 2026 instituted for the offences punishable under Section 80 of the B.N.S. 3. As per the prosecution case, the Chaukidar of the Haraiya Police Station lodged a typed application stating that, on 02.01.2026, when he was on patrolling duty, he saw some persons were assembled at the house of Kalavati Devi and upon query, they disclosed that the petitioner used to live in this house along with his wife namely, Arti Devi (deceased) and they got Patna High Court CR. MISC. No.41758 of 2026(3) dt.07-08-2026 2/4 married in the year, 2019. It was further disclosed that the petitioner used to torture his wife for demand of dowry and he killed her and fled away with his daughter. The informant saw that the door of the house was opened and the dead body of the petitioner’s wife, Arti Devi was found lying on the bed. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case and he has not committed any offence. It has further been submitted that the marriage took place in the year 2019 but, as a matter of fact, the deceased was not a legally wedded wife of the petitioner as her first spouse is also alive and from her first husband, the deceased had three issues and without divorce, she started living with the petitioner from the year 2017. 5. Further, it has been submitted that the petitioner was working in Duncan Hospital, Raxaul from 2015 where she met with the deceased and within a very short span of time, they fell in love with each other and in the year 2017, the deceased left her husband and started living with the petitioner and from their wedlock, one boy child was born. 6. It has further been submitted that on the date of occurrence, a hot altercation took place between the petitioner Patna High Court CR. MISC. No.41758 of 2026(3) dt.07-08-2026 3/4 and the deceased and the petitioner, out of anger, left the house for a while, but after some time, when he returned to his house, he saw his son was crying outside of the house and the door was closed from the inside. From the window, the petitioner saw that the deceased was hanging and he immediately gave this information to the GRP, Raxaul but GRP officers told him to give this information to local police. Thereafter, he gave this information to local police. 7. It is submitted that the son of the deceased categorically stated that the deceased hanged herself due to quarrel and his father is innocent. Even the postmortem report of the deceased falsifies the whole story as doctor has opined that the cause of death is Asphyxia due to hanging and this itself demonstrates that the deceased had committed suicide by hanging herself. 8. Learned counsel for the petitioner submits that charge-sheet has already been filed in this case and charges has been framed. The petitioner is having a clean antecedent and is in custody since 03.01.2026. 9. Learned A.P.P. for the State has vehemently opposed the prayer for bail. 10. Considering the facts and circumstances of the Patna High Court CR. MISC. No.41758 of 2026(3) dt.07-08-2026 4/4 case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, East Champaran, Motihari in connection with Haraiya P.S Case No. 02 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner. (ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Ritwika/- (Kumar Manish, J) U T