Radha Mohan Thakur @ Radhe Mohan Thakur Vs The… — Murder and Culpable Homicide | Patna HC (2026)

Radha Mohan Thakur @ Radhe Mohan Thakur Vs The… — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Renewed bail prayer allowed: petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Madhubani, in connection with Saharghat P.S. Case No. 36 of 2023 (Sessions Trial No. 111 of 2025), subject to cooperation in trial; liberty to the court below to cancel bail bonds on default of appearance on two successive dates.

Issue for consideration

Whether the petitioner, whose earlier bail prayer was rejected on 24.06.2025, should now be released on bail in Saharghat P.S. Case No. 36 of 2023 registered under Sections 304(B) and 34 IPC.

Court's answer

Considering the facts and circumstances of the case and the fact that charges have been framed, the petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Madhubani, in connection with Saharghat P.S. Case No. 36 of 2023 (Sessions Trial No. 111 of 2025).

Ratio / Principle

The petitioner is directed to cooperate in the trial as a condition of the bail order.

Key takeaways

In default of appearance on two successive dates, the learned court below would be at liberty to cancel the bail bonds of the petitioner.ratio¶24

Detailed headnote1 paragraphs

Bail — Renewal of bail prayer after earlier rejection (order dated 24.06.2025 in Cr. Misc. No. 24292 of 2025) — Offence under Sections 304(B) and 34, Indian Penal Code, arising from alleged killing of informant's grand daughter by pressing her neck over unfulfilled dowry demand — Defence contention that deceased, said to be the petitioner's wife, was in relationship with someone else and committed suicide by hanging, autopsy opining death due to asphyxia with no external or internal injuries — Trial stage: charges framed, two of seven chargesheeted witnesses examined; petitioner in custody since 23.10.2024, no criminal antecedents — Considering facts and circumstances and framing of charges, bail granted on bond of Rs. 10,000/- with two like sureties to the satisfaction of Additional Sessions Judge-II, Madhubani, in Saharghat P.S. Case No. 36 of 2023 (Sessions Trial No. 111 of 2025) — Petitioner to cooperate in trial; on default of appearance on two successive dates court below at liberty to cancel bail bonds. (Praveen Kumar, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9939 of 2026

Arising Out of PS. Case No.-36 Year-2023 Thana- SAHARGHAT District- Madhubani

======================================================

Radha Mohan Thakur @ Radhe Mohan Thakur S/O Rajeev Thakur R/O Vill.Bengra, P.s.- Saharghat, Dist.- Madhubani

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Nilesh Kumar Pandey For the Opposite Party/s : Mrs.Sharda Kumari ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

3 01-04-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner has renewed his prayer bail in connection with Saharghat P.S. Case No. 36 of 2023, registered for the offence under Sections 304(B), 34 of the Indian Penal Code, his earlier attempt was rejected vide order dated 24.06.2025 passed in Cr. Misc. No. 24292 of 2025.

As per the allegation, the petitioner and the co-

accused persons are alleged to have killed the informant’s grand daughter by pressing her neck due to non-fulfillment of demand of dowry.

Learned counsel appearing for the petitioner submits that although the petitioner happens to the husband of the deceased, but, in fact, on the fateful day many phone calls were made to her and it appears that she was in relationship with

Patna High Court CR. MISC. No.9939 of 2026(3) dt.01-04-2026 2/3

somebody else and in a heat of passion and spur of moment committed suicide. It has been opined by the autopsy surgeon that the death was due to asphyxia as a result of hanging. There is no external or internal injuries on the person of the deceased and charges have been framed in this case. Petitioner is in custody since 23.10.2024 and he has got no criminal antecedents.

Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

The report regarding the stage of the case was called for vide order dated 24.02.2026 and the report goes to show that charges have been framed and out of seven chargesheeted witnesses, two have been examined.

Considering the facts and circumstances of the case and the fact that the charges have been framed, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Madhubani, in connection with Saharghat P.S. Case No. 36 of 2023 (Sessions Trial No. 111 of 2025).

The petitioner is directed to cooperate in the trial and in default of appearance on two successive dates, the

Patna High Court CR. MISC. No.9939 of 2026(3) dt.01-04-2026 3/3

learned court below would be at liberty to cancel the bail bonds

of the petitioner.

(Praveen Kumar, J)

Pawan/-

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