Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73439 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- Kaler District- Arwal ====================================================== Amit Kumar S/o Suresh Bind R/o Village - Thakurbigha, P.S - Kaler, District - Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kanai Kumar S/o Ramautar Bind R/o Village - Isebigha, P.O - Kumhwa, P.S - Sikariya (Kadpa) Jehanabad, P.S - Jehanabad, District - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for the Opposite Party No.2.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 80 and 3 (5) of B.N.S. .

3. As per the prosecution case, the petitioner and other have committed the murder of informant's daughter for nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the allegation against the petitioner and others are general and omnibus in nature and as a matter of fact there was neither any demand for dowry nor the involvement of the petitioner in doing

Patna High Court CR. MISC. No.73439 of 2025(4) dt.11-02-2026 2/3 her to death. By way of supplementary affidavit, the learned counsel for the petitioner has brought on record the deposition of three witnesses examined during the course of trial which includes the informant P.W. 1, the informant himself, P.W. 2, the brother of the deceased and P.W. 3, the uncle of the deceased and all the three witnesses have not supported the case of the prosecution although they have not been declared hostile and have rather stated that the deceased had committed suicide on account of some mental depression and that they had attended her cremation and they have no grievance against the petitioner. The petitioner is in custody since 01.08.2025 and has no criminal antecedent.

5. Learned APP for the State opposed the bail petition. Learned counsel appearing for the informant also supports the statement of witnesses made during the trial.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the case of the prosecution is itself not being supported by its own witnesses, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.73439 of 2025(4) dt.11-02-2026 3/3 pending/successor Court in connection with Kaler P.S. Case No. 110 of 2025, subject to the conditions that : (i) One of the bailors will be his close relative/family members.

(ii) The petitioner shall remain physically present in court on each and every date fixed in the trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) vashudha/- U T