Amar Kumar Kushwaha @ Abhinav Kushwaha @ Abhinav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2948 of 2026 Arising Out of PS. Case No.-317 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Amar Kumar Kushwaha @ Abhinav Kushwaha @ Abhinav Kumar son of Baban Kushwaha Resident of village - Bhaluahiya, ps- Ramgarhwa, DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr. Harsha Saswat, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarhwa P.S. Case No. 317 of 2024 dated 14.12.2024 registered for the offences punishable under Sections 103(1), 238 and 3(5) of B.N.S.
3. As per the written report of the informant, the marriage of the petitioner was solemnized with the daughter of the informant about 14 years ago and was kept properly for sometime, the couple were blessed with three children. Since last five years, her daughter used to inform that her mother-inlaw and the husband (petitioner) used to regularly assault and
Patna High Court CR. MISC. No.2948 of 2026(3) dt.06-04-2026 2/3 torture her. It is further alleged that on 12.12.2024 at about 16:30 hours, the informant was informed that her daughter has died. Thereafter, the informant went to the matrimonial house of his daughter and enquired from the nearby people there and the informant expressed firm belief that this petitioner along with other co-accused persons under conspiracy killed the daughter of the informant.
4. Learned counsel for the petitioner has submitted that the marriage between the petitioner and the deceased was performed 14 years ago, there was no matrimonial discord between the parties and as a matter of fact no complaint ever came to be filed. It has been further submitted that as per the post-mortem report, there was no external or internal injuries on the person of the deceased and the opinion regarding death of the deceased was kept reserved getting the FSL report. Moreover, there is no allegation of demand of dowry etc., and out of the wedlock admittedly three children were born and there are no one to look after them. It has been further submitted that petitioner is in custody since 09.09.2025 having no criminal antecedent and the charge-sheet has been submitted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submitted that
Patna High Court CR. MISC. No.2948 of 2026(3) dt.06-04-2026 3/3 the petitioner is the husband of the deceased.
6. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Raxaul, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 317 of 2024.
7. The application stands allowed.
(Praveen Kumar, J) shivam/- U T