[Cites 10, Cited by 0]
Patna High Court
Manoj Kumar vs The State Of Bihar on 16 February, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1486 of 2025
Arising Out of PS. Case No.-657 Year-2023 Thana- SHEKHPURA District- Sheikhpura
======================================================
Manoj Kumar S/O Late Misri Rawat R/O village - Indai Kasipuram Colony,
P.s - Sheikhpura, District- sheikhpura
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Ms.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Md. Imtiyaz Ahmad, Advocate
For the Intervenor : Mr. Jai Prakash Verma, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 16-02-2026
The intervenor petitioner is the brother of the
deceased.
2. The factual aspect leading to the petitioner to file
the instant application may be summarized in the following
words. The deceased is a married lady who had met with an
unnatural death on receiving gunshot injury. After the death of
the deceased her husband (appellant herein) filed a complaint
before the police on the basis of which Sheikhpura P.S. Case
No. 657 of 2023 under Section 307 of the IPC and 27 of the
Arms Act was registered. Subsequent to the registration of FIR,
the injured died and penal provision under Section 302 of the
IPC was added. In course of investigation police came to the
Patna High Court CR. APP (DB) No.1486 of 2025 dt.16-02-2026
finding that it is the informant who allegedly fired at his wife
and charge-sheet was submitted under Section 302 of the IPC
and Section 27 of the Arms Act. The case was registered as
Sessions Trial No. 10/2024 and by a judgment of conviction, the
appellant was held guilty for the offence under Section 302 of
the IPC on 08th August 2025 and sentenced to suffer life
imprisonment.
3. We have already recorded that the present petitioner
is the brother of the deceased. He has filed the application with
a prayer to allow him to be a party respondent in the instant
appeal on the ground that he is the victim of the incident.
4. Mr. Ajay Thakur, learned Advocate on behalf of the
appellant submits that the applicant cannot be said to be a victim
within the meaning of Section 2 (wa) of the CrPC. The said
provision defines "victim" in the following words:-
"The "victim" means a person
who has suffered any loss or injury caused
by reason of the act or omission for which
the accused person has been charged and
the expression "victim" includes his or her
guardian or legal heir."
5. It is submitted by Mr. Thakur that the intervenor
petitioner is not the guardian of the deceased. Neither is he the
legal heir; therefore, he has no right to contest the appeal in his
Patna High Court CR. APP (DB) No.1486 of 2025 dt.16-02-2026
own right as a "victim".
6. We have given an anxious thought over the matter.
We are in agreement with the submission made by Mr. Thakur
that the petitioner is not the guardian of the deceased. In respect
of a married lady, her husband is the guardian. So far as the
remaining condition that a legal heir of the deceased may also
be treated as victim, we would like to state that in accordance
with Hindu Succession Act, 1956 (Act No. 13 of 1956), which
deals about general rules of succession in case of female in
Hindu. The provision of law states as follows:-
"15. General rules of succession
in the case of female Hindus.―(1) The
property of a female Hindu dying intestate
shall devolve according to the rules set out
in section 16,―
(a) firstly, upon the sons and
daughters (including the children of any pre-
deceased son or daughter) and the husband;
(b) secondly, upon the heirs of
the husband;
(c) thirdly, upon the mother and
father;
(d) fourthly, upon the heirs of the
father; and
(e) lastly, upon the heirs of the
mother.
(2) Notwithstanding anything
contained in sub-section (1),―
(a) any property inherited by a
Patna High Court CR. APP (DB) No.1486 of 2025 dt.16-02-2026
female Hindu from her father or mother
shall devolve, in the absence of any son or
daughter of the deceased(including the
children of any pre-deceased son or
daughter) not upon the other heirs referred
in sub-section (1) in the order specified
therein, but upon the heirs of the father; and
(b) any property inherited by a
female Hindu from her husband or from her
father-in-law shall devolve, in the absence of
any son or daughter of the deceased
(including the children of any pre-deceased
son or daughter) not upon the other heirs
referred to in sub-section (1) in the order
specified therein, but upon the heirs of the
husband."
7. A married lady has right over the property of his
father and the brother of a female Hindu comes within the
category of legal heir according to Clause (d) of sub-section 1 of
Section 15 of Hindu Succession Act, 1956. In such view of the
matter, the brother of a deceased married lady is a legal heir of
the deceased victim for the purpose of contesting a criminal
case/appeal, and as such, he is considered to be a victim, in our
opinion.
8. The proviso to sub-section (8) of Section 24 clearly
empowers the Court to permit the victim to engage an advocate
of his or her choice to assist the prosecution under the said
provision. The petitioner being the legal heir of the deceased
Patna High Court CR. APP (DB) No.1486 of 2025 dt.16-02-2026
wants to intervene the instant appeal by engaging Mr. Jai
Prakash Verma as an Advocate.
9. Considering the conspectus of the matter discussed
above, we are of the view that the instant application is ought to
be allowed and accordingly, the I.A. No. 01 of 2025 stands
allowed. Further, the name of the applicant be added as
respondent no. 2 in the instant Cr. Appeal (DB) No. 1486 of
2025.
10. The office is directed to incorporate the name of
the petitioner as respondent no. 2 in the instant appeal.
11. The learned Advocate on behalf of the appellant is
directed to serve a copy of memo of appeal to the learned
Advocate for the applicant within one week from the date of this
order.
12. The instant appeal be listed under the heading
"For Admission" at the earliest.
(Bibek Chaudhuri, J)
(Dr. Anshuman, J)
suraj/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 18.02.2026
Transmission Date 18.02.2026
