Patna High CourtCR. MISC./18535/2025bail granted

Kaushal Kumar Singh v. The State Of Bihar

2025-09-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18535 of 2025 Arising Out of PS. Case No.-167 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Kaushal Kumar Singh Son of Thakkan Singh Resident of Village- Narar Nav Toli, P.S.- Kaluahi, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the State :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kaluahi P.S. Case No. 167 of 2023 registered for the offence punishable under Sections 302, 304(B), 120(B) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner, who is the husband, is accused of torture and killing his wife.

4. The petitioner is in custody since 23.08.2024.

5. Learned counsel for the petitioner submits that the deceased has committed suicide which is apparent from the post-mortem report as there is no external injury except the ligature mark to show that she was not assaulted by the accused persons. He also submits that the only child born out of the

Patna High Court CR. MISC. No.18535 of 2025(4) dt.04-09-2025 2/2 wedlock of the petitioner with the deceased is staying with the family of the petitioner.

6. Learned counsel for the State and learned counsel for the informant has vehemently opposed the prayer for bail.

7. Considering the period of custody and the delay in trial, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, District- Madhubani in connection with Kaluahi P.S. Case No. 167 of 2023.

9. At the time of accepting bail bonds of the petitioner, the Court below will verify the only child born out of the wedlock is actually residing with the family of the petitioner. If the child is found staying with the family of the petitioner, the bail bonds shall be accepted and if not appropriate order shall be passed by the Court below.

(Sandeep Kumar, J) P. Kumar U T