Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66256 of 2025 Arising Out of PS. Case No.-114 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== Nitesh Kumar S/O Virendra Ray Resident of Village- Vilandpur, Chak Shambhu, P.S- Mahindwara, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Adv For the Informant :

Mr. Santosh Kumar, Adv Md. Mobassar Ali, Adv For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahindwara P.S. Case No. 114 of 2023 dated 05.08.2023 registered for the offence punishable under Sections 304B/34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of one Apache Motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. It is

Patna High Court CR. MISC. No.66256 of 2025(3) dt.08-12-2025 2/3 submitted that the petitioner has not tortured the informant's daughter. The petitioner has no concern with the alleged offence. It is further submitted that the deceased was a short tempered lady and she might have committed suicide by hanging herself. Similarly situated co-accused person has already been granted bail by this Court vide order dated 13.05.2024 passed in Cr. Misc. No. 34270 of 2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.07.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi, in connection with Mahindwara P.S. Case No. 114 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.66256 of 2025(3) dt.08-12-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T