Babulal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13350 of 2026 Arising Out of PS. Case No.-488 Year-2025 Thana- AMARPUR District- Banka ====================================================== Babulal Kumar S/o- Upendra Das R/v- Babhangama Ps- Amarpur DistBanka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Amarpur P.S. Case No. 488 of 2025 (G.R. No. 2459 of 2025) registered for the offence punishable under Sections 108 and 3/5 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the informant received an information from Amarpur P.S. that his daughter has committed suicide. Based on this information, when the informant reached the matrimonial house of the deceased, he found that his daughter was hanging with a fan. It is further alleged that his daughter was subjected to cruelty on account of the non-fulfillment of the dowry demand by in-laws. Petitioner is the husband.
Patna High Court CR. MISC. No.13350 of 2026(4) dt.23-04-2026 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the FIR, it is clear that the nature of the allegation is general and omnibus. He also submits that from perusal of the case diary, it will transpire that Punam Devi (mother of the petitioner) has given information regarding the occurrence, and thereafter the police have informed the informant. He also submits that had the offence been committed by the petitioner and in-laws, they would have not informed the police. He further submits that the police have registered a case under Section 108 of the BNS, and from perusal of the postmortem report, it will transpire that only one antemortem injury, i.e.
, ligature mark was found on the neck of the deceased and the opinion of the doctor conducting the autopsy of the deceased is that the cause of death is asphyxia due to antemortem injury. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 01.12.2025.
5. The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.13350 of 2026(4) dt.23-04-2026 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 488 of 2025 (G.R. No. 2459 of 2025). (Ashok Kumar Pandey, J) Sudhanshu/- U T