Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30523 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- KOTWA District- East Champaran ====================================================== Gulshan Kumar S/o- Bunilal Sahani @ Bundilal Sahani Resident of Village - Barkurwa, P.S. - Kotwa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 15-07-2026 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 Kotwa P.S. Case No. 24 of 2026 registered for the offences punishable under Sections 107, 238, 239 and 3(5) of B.N.S.

3. As per the allegation, the informant, who happens to be the Chowkidaar, has alleged that the daughter of one Mudrika Sahni was in a love relationship with the petitioner since last two years. During the said period, Mudrika Sahni and Jitendra Sahni subjected the victim to cruelty. It has further been alleged that this petitioner thereafter refused to marry the victim, whereafter she, in anger, committed suicide. It has also been alleged that the co-accused Mudrika Sahni threw the dead body

Patna High Court CR. MISC. No.30523 of 2026(3) dt.15-07-2026 2/3 of his daughter in a field so as to conceal the evidence.

4. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. From the bare perusal of the F.I.R., itself, it is apparent that the allegation of subjecting the victim to cruelty is against co-accused Mudrika Sahni and Jitendra Sahni, which allegedly caused the victim to committ suicide. It has further been submitted that witnesses were examined during the course of investigation who have falsely stated that the deceased victim used to appear distressed after refusal of marriage by the petitioner. It has further been submitted that no case of abatement is made out against the petitioner, as the materials collected during the course of investigation does not go to show that the present petitioner uttered any word to the deceased victim. It has also been submitted that petitioner has got no criminal antecedent. Lastly, it has been submitted that petitioner is in judicial custody since 19.01.2026, chargesheet has been submitted in this case and there is no allegation of tampering against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard learned counsel for the parties and perused the records.

Patna High Court CR. MISC. No.30523 of 2026(3) dt.15-07-2026 3/3

7. Considering the facts and circumstances of the case and nature of material against the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, in connection with Kotwa P.S. Case No. 24 of 2026.

8. The application stands allowed.

(Praveen Kumar, J) Ankit Kumar/- U T