← Library
Patna High CourtCR. MISC./37718/2025bail granted

Mukesh @ Mallu Kumar v. The State Of Bihar

2025-10-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37718 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- KADIRGANJ District- Patna ====================================================== Mukesh @ Mallu Kumar son of Upendra Prasad Village- Piparpanti PS -Kadirganj District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2025 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Kadirganj P.S. Case No. 157 of 2024, registered for the offences punishable under Sections 80(2) and 3(5) of the B.N.S., 2023.

3. The petitioner and others are accused of killing the deceased over a demand for dowry. The petitioner is in custody since 01.11.2024.

4. Learned Senior Counsel for the petitioner submits that the petitioner and the deceased had two children out of the wedlock and that, for several years, there have been no allegations of any dowry demand or torture against the

Patna High Court CR. MISC. No.37718 of 2025(6) dt.16-10-2025 2/3 petitioner. He further submits that there are no antemortem injuries on the body of the deceased and that the viscera report does not indicate that the deceased was administered poison by the accused. Learned Senior Counsel also submits that the petitioner has a right to a speedy trial, which has not yet commenced.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for bail, submitting that the petitioner, being the husband of the deceased, is responsible for her death, which occurred within seven years of marriage.

6. I have considered the submissions of the parties. It is an admitted fact that the deceased was married about seven years ago and had two children. It is also admitted that no complaint regarding dowry demand or torture has been made against the petitioner or his family. The trial has, however, been delayed.

7. Considering the aforesaid facts and circumstances, this application for regular bail 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

Patna High Court CR. MISC. No.37718 of 2025(6) dt.16-10-2025 3/3 learned A.C.J.M., Masaurhi, Patna/ concerned Court below in connection with Kadirganj P.S. Case No. 157 of 2024. (Sandeep Kumar, J) Neha/- U T