Kamal Kishore Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64268 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- KATORIYA District- Banka ====================================================== Kamal Kishore Sah S/o Late Pradip Sah Resident Of Village - Suriya Jhajha, P.S - Katoriya, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash Dwivedi, Advocate Mr. Praveen Kumar, Advocate Mr. Raushan Kumari, Advocate Mr. Saurabh Raj, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 and 3(5) of B.N.S. which was earlier rejected vide order dated 05.02.2025 with an observation that the petitioner will be at liberty to renew his prayer for bail after six months, if so advised.
3. The case of the prosecution is that the daughter of the informant was married to the petitioner in the year 2022. She was kept properly for few years. After that, the petitioner and Lakhiya Devi (mother-in-law) started subjecting her to cruelty as she was having no issue. It is further alleged that the petitioner has
Patna High Court CR. MISC. No.64268 of 2025(2) dt.12-09-2025 2/3 demanded cash for treatment of the daughter of the informant. He has also demanded Rs. 1 lakh for the treatment of the daughter of the informant. On 22.08.2024, the informant came to know that, his daughter has been killed. When he went the matrimonial house of his daughter, he found that his daughter was lying dead on a cot and her face was covered with a sheet. When he removed the sheet, he found that his daughter was lying dead and there was ligature mark on her neck and abrasion on left side. He called on
112. After this, Katoriya Police reached there.
4. Learned counsel for the petitioner has submitted that he has annexed Annexure-P/3 which is CA125 test report which is with regard to Ovarian Cancer Marker Serum and this test was conducted on 08.11.2020 and reported on 10.11.2020. This report goes to show that the victim was having third stage ovarian cancer. It has also been submitted by learned counsel for the petitioner that no mark of injury was found on the person of the deceased and the cause of death has not been mentioned by the doctor rather opinion is reserved as viscera has been preserved. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 30.08.2024.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.64268 of 2025(2) dt.12-09-2025 3/3
6. Having heard learned counsel for the parties and considering the Annexure-P/3, it seems that the death of the victim is not otherwise, in that circumstance, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Katoriya P.S. Case No. 188 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I-cum-Special Judge SC/ST (POA) Act, Banka. (Ashok Kumar Pandey, J) Shubham/- U T