Ashish Kumar Mohli @ Ashish Kumar Mahli @ Ashish Kumar Maholi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 77034 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- KADWA District- Katihar ====================================================== Ashish Kumar Mohli @ Ashish Kumar Mahli @ Ashish Kumar Maholi S/o Kailash Maholi R/o Village- Mohmadpur, P.S.- Kadwa, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sapna Kumari D/o Pradip Kumar Mohali Resident of Mohammadpur, P.O.- Durgaganj, P.S.- Kadwa, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Kadwa P.S. Case No. 142 of 2025, instituted for the offences under Sections 126(2), 115(2), 76, 303(2), 64(1), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act.
3. The prosecution case, in brief, is that marriage of the informant solemnized with the petitioner on 03.07.2020. After solemnization of the marriage, the in-laws including the petitioner, started demanding Rs.Five Lakhs as dowry and tortured her mentally and physically. It is alleged that later,
Patna High Court CR. MISC. No. 77034 of 2025(3) dt.02-02-2026 2/3 petitioner started committing unnatural sexual intercourse with the informant and on protest, the petitioner burnt the private parts of the informant by means of hot rod.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that, as a matter of fact, there was love affair between the petitioner and the victim and he performed marriage with the informant. He further submitted that the marriage took place in the year 2020 more than five years ago and any allegation of demand of dowry and torture for the sake of dowry are all false and unbelievable. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.06.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has corroborated the contents of the FIR and the same is further substantiated by the medical report of the victim, and therefore, the petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No. 77034 of 2025(3) dt.02-02-2026 3/3 of the case, nature and gravity of offences, this Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) manish/- U T