← Library
Patna High CourtCR. MISC./39334/2025allowed

Akhlesh Rajbansi @ Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

2025-10-15Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39334 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Akhlesh Rajbansi @ Akhilesh Kumar @ Akhlesh Kumar S/O Amirak Rajbansi @ Amirak Rajbar @ Amrika Rajbar R/O Village-Berry(Berari), PSSirdala, District-Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sirdala P.S. Case No. 315 of 2024 dated 22.08.2024, registered for the offence punishable under Sections 103(1), 238 and 80(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the informant's daughter aged about 19 years was married with the petitioner according to Hindu rituals about four months ago. After one month of marriage, petitioner's family started torturing the informant's daughter for dowry of Rs. 2 lakhs and a motorcycle otherwise they would kill her. The informant has alleged that her daughter has been killed by administering

Patna High Court CR. MISC. No.39334 of 2025(4) dt.15-10-2025 2/3 poison in her food.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is husband of the deceased. It is submitted that when the deceased became seriously ill, the petitioner along with his family members immediately rushed to hospital for treatment in Om Fortis Hospital, Patna and she was admitted on 11.08.2024. During her treatment, the petitioner informed the family members of the deceased about the illness of the deceased. On getting information, the family members of the deceased came to Om Fortis Hospital, Patna and saw her. It is relevant to mention that the doctor had taken all efforts to save her life but unfortunately she died on 22.08.2024 at 1:15 AM in the night.

It is submitted that after death of his wife (deceased), the petitioner informed the parents of the deceased. It is also submitted that the husband of the deceased also informed Meshkaur police station and lodged the sanha about the death of the deceased, which is apparent from case diary. During investigation, Investigating Officer has also mentioned that the deceased was admitted in the Hospital from 11.08.2024 to 22.08.2024.

Patna High Court CR. MISC. No.39334 of 2025(4) dt.15-10-2025 3/3 informed the parents of the deceased and the dead body was taken to village for cremation in presence of father of the deceased and after that the F.I.R. has been lodged by the informant with the help of mischief monger which facts has also come in supervision report. Lastly, it has been submitted that he has no criminal antecedent.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sirdala P.S. Case No. 315 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class, Nawadah, subject to condition as laid down under Section 482(2) of B.N.S.S..

(Khatim Reza, J) prabhat/- U T