Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63696 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Hattha District- Muzaffarpur ====================================================== Babul Kumar S/o Mr. Alok Kumar Rajesh @ Alok Kumar R/o vill - Gongoara, P.s.- Chak Mehshi, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-09-2025 Heard Mrs. Vaishnavi Singh, learned counsel for the petitioner and Mr. Anish Chandra, learned APP for the State.

2. The petitioner has prayed for bail in connection with Hatha P.S. Case No. 25 of 2025 registered for the offence punishable under Sections 80, 3(5) of the B.N.S., 2023.

3. The case of the prosecution is that Manisha Kumari was married to one Lal Mohan Sahni. It is further alleged that the petitioner was having love affair with Manisha Kumari and due to that affair, he solemnized marriage with Manisha Kumari(deceased). Further allegation is that the deceased was subjected to cruelty on account of non-fulfillment of dowry demand and due to which she was killed.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.63696 of 2025(2) dt.10-09-2025 2/3 committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR itself, it is clear that the dead body of the deceased was found in the house of the informant, where she was hanging from the fan. He also submits that from perusal of the FIR, it is evident that the marriage of the petitioner with the deceased was a love marriage; therefore, there is no chance of a dowry demand. As the deceased has died in the house of the informant and the marriage which had been solemnized with the petitioner is a love marriage, it has also been submitted that the allegations against the petitioner are false and frivolous. He further submits that the petitioner is languishing in judicial custody since 16.06.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.63696 of 2025(2) dt.10-09-2025 3/3 Magistrate 1st Class, (East), Muzaffarpur, in connection with Hatha P.S. Case No. 25 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T