Patna High CourtCR. MISC./49479/2025bail granted

Mithlesh Kumar v. The State Of Bihar

2025-09-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49479 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Mithlesh Kumar Son of Vinod Singh Village- Dih Manjhauli Police Station -Salimpur District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anjana, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Salimpur P.S. Case No. 126 of 2024, instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that daughter of the informant has been done to death at her matrimonial house by her in-laws due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and Charge has also been framed against the petitioner. Learned

Patna High Court CR. MISC. No.49479 of 2025(3) dt.09-09-2025 2/3 counsel for the petitioner also submits that the petitioner is husband of the deceased. The allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. It is next submitted that the petitioner has never made any demand of dowry. The petitioner is in custody since 25.04.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 30.06.2025 passed in Cr. Misc. No. 39638 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. In compliance of the order dated 18.07.2025, a report dated 31.07.2025 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that charge has been framed against both the accused persons on 10.06.2025. It is further reported that after framing of charge, this case is pending for prosecution evidence. Summon has already been issued against the witnesses.

7. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and present stage of the case, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.49479 of 2025(3) dt.09-09-2025 3/3

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salimpur P.S. Case No. 126 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T