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Patna High CourtCR. MISC./85521/2025bail granted

Arbind Kumar v. The State Of Bihar

2026-01-06Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85521 of 2025 Arising Out of PS. Case No.-692 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Arbind Kumar Son of Kishori Thakur Resident of Mohalla - Gautam Nagar, Godhana Road, Arrah, Police Station - Arrah (Nawada), District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumar Bibhakar Son of Awadh Kumar Sharma Resident of Mohalla - Pakari, Police Station - Arrah (Nawada), District - Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Verma, Adv.

For the State :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Arrah (Nawada) P.S. Case No. 692 of 2023, dated 27.09.2023, instituted for the offences under Sections 304(B)/34 of the I.P.C.

3. As per prosecution case, the informant has alleged that on account of demand of dowry within seven years of marriage, the accused persons have killed the sister of the informant. It has been alleged that the named accused persons had tied cloth on the mouth of the sister of the informant and when he reached the place of occurrence he found her lying on the bed.

Patna High Court CR. MISC. No.85521 of 2025(2) dt.06-01-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and the allegation of demand of dowry is false and concocted. The petitioner is in the services of S.S.B., posted as constable and at the relevant time he was at Balrampur (U.P.). It has further been submitted that even during course of investigation it has come that petitioner was not present at the time of occurrence and the post-mortem report clearly depicts that the cause of death is asphyxia, due to hanging and ligature mark does not follow on the neck shown (complete hanging). It has lastly been submitted that petitioner has clean antecedent and is in custody since 12.09.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and stated that the wife of the petitioner died during seven years of marriage and therefore, he should not been released on bail.

6. Considering the aforesaid submissions, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Arrah in connection with Arrah (Nawada) P.S. Case No. 692 of 2023, subject to the following conditions:-

Patna High Court CR. MISC. No.85521 of 2025(2) dt.06-01-2026 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) pravinkumar/- U T