Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5917 of 2026 Arising Out of PS. Case No.-16 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== Rakesh Kumar S/o Anant Kumar R/o Village- Rampur, P.S.- Kalpa, P.O. Kalpa, District- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Ramanuj Yadav S/o Late Bhuvneshwar Yadav R/o Village- Moribigha, P.S.- Peyarpura, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Archana Sinha, Sr. Advocate Mr.Swarna Roy, Advocate Mr. Alok Kumar, Advocate Mr. Manish Kumar Paswan, Advocate Mr. Akshat Arghay, Advocate For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 80 (2) of the BNS.
3. The case of the prosecution, in brief, is that one Shobha Kumari was married to the petitioner in the year 2022. It is alleged that she was subjected to cruelty on account of nonfulfilment of dowry demand. It is further alleged that on 30.12.2024, the informant received information that the deceased had fallen ill and she was taken to a private hospital at
Patna High Court CR. MISC. No.5917 of 2026(4) dt.17-04-2026 2/3 Kinari. When the informant reached the said hospital, the deceased allegedly stated that she had been forcibly administered poison by her in-laws. Thereafter, she was shifted to PMCH, where she died during the course of treatment.
4. Learned counsel for the petitioner has submitted that, from perusal of the FIR, the allegations appear to be grave in nature, alleging that the petitioner along with others forcibly administered poison to the deceased. However, it is further submitted that during the course of investigation, the supervising authority has recorded statements of villagers indicating that due to a family dispute, the deceased herself consumed poison, as a result of which she fell ill and was taken to the hospital by her in-laws as well as her parents. It is further submitted that the parents of the deceased were also present at the time she was being taken to the hospital.
5. From perusal of the post-mortem report, it transpires that the following ante-mortem injuries were found on the person of the deceased: (i) abrasion measuring 1 cm × 0.5 cm over the left thumb; (ii) abrasion measuring 1 cm × 0.5 cm on the left finger; and (iii) abrasion measuring 1.5 cm × 1 cm over the right corner of the eye.
6. Learned counsel for the petitioner has further
Patna High Court CR. MISC. No.5917 of 2026(4) dt.17-04-2026 3/3 submitted that the doctor, who conducted the autopsy has opined that the cause of death has been kept pending till receipt of the chemical analysis report of the viscera sent to the Forensic Science Laboratory (FSL). It is also submitted that the case has been noted as a suspected case of poisoning and that the injuries found on the body of the deceased are superficial in nature.
7. Learned APP for the State has vehemently opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad Town P.S. Case No. 16 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-III, Jehanabad/concerned court.
(Ashok Kumar Pandey, J) Jagdish/- U T