Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50263 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- IMAMGANJ District- Gaya ====================================================== Ankit Kumar S/O Mahendra Sharma R/O Village- Mohanpur, Tola- Bandha, PS- Imamganj, Dist-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Miss. Anjali Das, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Miss. Anjali Das, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Imamganj P.S. Case No. 304 of 2024 for the offence punishable under Sections 103, 3(5) of B.N.S., 2023 lodged on 13.11.2024 by the informant, Urmila Devi.
3. As per the prosecution story, the informant alleged that her daughter was married to Sahendra Mistry a decade ago and had given birth to three female child which resulted into her torturing and the husband was also having illicit relationship with a lady. On the fateful night, the informant got the information about her killing by pressing her neck. This led to the FIR.
4. Learned counsel for the petitioner submits that actually the lady was depressed, committed suicide, in any case, in a relationship between husband and wife, his role does not
Patna High Court CR. MISC. No.50263 of 2025(2) dt.11-08-2025 2/3 arise but he has been dragged in the case for which he has remained in custody since 14.11.2024.
5. Learned APP on the other hand submits that earlier also they used to assault the lady which has been recorded in the learned Sessions Judge order and subsequently she died in mysterious circumstance.
6. Though allegation is there, the husband is Sahendra Mistry, the allegation is that pursuant to the delivery of three female child and he having relationship with other lady, torture took place, this petitioner is nephew of the husband, is in custody since 14.11.2024, has no criminal antecedent, the cause of death has been recorded as Asphyxia due to hanging, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sherghati at Gaya, in connection with Imamganj P.S. Case No. 304 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.50263 of 2025(2) dt.11-08-2025 3/3 document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Miss. Anjali Das, learned counsel for the petitioner for the proper assistance rendered by her to this Court.
(Rajiv Roy, J) Ravi/- U T