Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88754 of 2025 Arising Out of PS. Case No.-320 Year-2025 Thana- HILSA District- Nalanda ====================================================== 1.

Nitish Kumar Son of Deena Prasad @ Dinesh Prasad Resident of Village -Ward no. 3, Devi Mandir, Gulni PO and PS- Hilsa Dist- Nalanda Bihar 2.

Rankal Kumari Wife of Nitish Kumar Resident of Village -Ward no. 3, Devi Mandir, Gulni PO and PS- Hilsa Dist- Nalanda Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Vardhan, Advocate Mr. Harsh Kaushal, Advocate Ms. Annapurna Sinha, Advocate Mr. Kuldeep Thakur, Advocate Mr. Abhishek Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Hilsa P.S. Case No. 320 of 2025 instituted for the offences under Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 /4 of the D.P. Act.

3. Prosecution case, in short, is that the petitioners alongwith the family members tortured and killed the deceased

Patna High Court CR. MISC. No.88754 of 2025(2) dt.15-01-2026 2/3 for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submitted that the petitioners has falsely been implicated in the present case. Petitioner no.1 is the brother-in-law and petitioner no. 2 is gotani of the deceased. Learned counsel for the petitioners submitted that general and omnibus allegations have been made against the petitioners. No specific overt act is alleged against the petitioners. Learned counsel further submitted that petitioners are separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hilsa P.S. Case No.

Patna High Court CR. MISC. No.88754 of 2025(2) dt.15-01-2026 3/3 320 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T