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Patna High CourtCR. MISC./87/2026bail rejected

Md. Kaiyum v. The State Of Bihar

2026-01-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87 of 2026 Arising Out of PS. Case No.-139 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== 1 .

Md. Kaiyum S/O Late Abdul Sattar Resident of Village- Rahmat Bag, P.SMadhusudanpur,Dist- Bhagalpur 2.

Md. Shamshad Son of Md. Kaiyum Resident of Village- Rahmat Bag, P.SMadhusudanpur,Dist- Bhagalpur 3 .

Bibi Nuresha wife of Md. Kaiyum Resident of Village- Rahmat Bag, P.SMadhusudanpur,Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 80, 238 , 61 ( 2 ) and 3 (5) of BNS and 3/ 4 of the D. P Act.

3. As per the prosecution case, the informant alleged that marriage of his daughter was solemnized with co-accused Md. Ishaq, three years ago and after sometime of marriage, sonin-law of the informant left for Hyderabad and his daughter started living in his house, but after some time, all the accused persons, including these petitioners, came to his house and

Patna High Court CR. MISC. No.87 of 2026(2) dt.20-01-2026 2/3 started demanding one lakh rupees and a motorcycle as dowry and due to non-fulfillment of the same, all the accused persons harassed his daughter. It is further alleged that on 18.08.2025, the mother-in-law of his daughter came to his house and took his daughter along with him. Later on, he got information about the dead body of a girl lying in forest near the cemetery. Upon such information, when informant reached there, he found the dead body of his daughter. It is lastly alleged that all the accused persons, including these petitioners, under a conspiracy, killed his daughter.

4. On perusal of the record, it appears that during course of investigation, it has come that at the time of occurrence, the husband of the deceased was not present in the house. As per post-mortem report, the deceased sustained multiple injuries and there is sign of assault on the dead body of the deceased. From the impugned order, it also appears that in paragraphs '7' '8' and '9' of the case diary, the informant and other prosecution witnesses have supported the prosecution case.

5. Considering the nature of accusation, gravity of the allegations levelled against the petitioners, which are grave and heinous and against the society as also the post-mortem report,

Patna High Court CR. MISC. No.87 of 2026(2) dt.20-01-2026 3/3 which confirms the death of the deceased due to assault and other circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail.

6. As such, the prayer for pre-arrest bail of the petitioners is rejected.

(Prabhat Kumar Singh, J) Koushik/- U T