Patna High Court

Abhishekh Kumar @ Abhishek KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a case registered under Section 103(1) of the B.N.S. following the alleged suicide of his wife, who was said to have been harassed for dowry. The informant, the deceased’s father, alleged that the petitioner and other accused administered poison, but the informant was not an eye‑witness. The petitioner contended that he was innocent, had no criminal record, and that the death was a suicide arising from a family feud. The State opposed bail, arguing the seriousness of the offence. After considering the investigation material, the petitioner’s clean antecedents and the period of custody, the Court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 103(1) of the B.N.S. considering the facts and the petitioner’s clean antecedents

Legislation cited

B.N.S. — s. 103(1)

Subjects

bail
Section 103(1) B.N.S.
dowry harassment
suicide
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.126 of 2026
                     Arising Out of PS. Case No.-587 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Abhishekh Kumar @ Abhishek Kumar S/O Vijay Sao Resident of village-
                 Janakpur,Manpur, p.s- Gaya Muffasil, Dist.- Gaya Ji

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Aryan Singh, Advocate
                 For the State           :        Mr. Mukesh Kumar Singh, APP
                 For the Informant       :        Mr. Mayank Shekhar, Advocate
                                                  Mr. Shivam Gupta, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 103(1) of the B.N.S..

                                3. The prosecution case, in brief, is that daughter of

                   informant was married to this petitioner in the year 2015 as per

                   Hindu rites and rituals and after the marriage, she was subjected

                   to cruelty and harassment by the F.I.R. named accused persons,

                   including this petitioner, for dowry and lastly on 17.06.2025,

                   brother-in-law of the deceased informed the informant that his

                   daughter has committed suicide by consuming poison.
Patna High Court CR. MISC. No.126 of 2026(2) dt.13-02-2026
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          Informant suspects that all the accused persons, including this

          petitioner, killed his daughter by administrating poison.

                       4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence.

          Informant is not an eye witness to the occurrence. Petitioner has

          falsely been implicated in this case merely because he happens

          to be husband of the deceased. As a matter of fact, due to petty

          family feud, the deceased committed suicide by consuming

          poison. It is further submitted that charges have already been

          framed against this petitioner and case is running for

          prosecution       witnesses.      Petitioner       has   got   no   criminal

          antecedents and he is in custody since 14.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation,

          clean antecedents of the petitioner and period of custody, the

          prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Gaya in
             Patna High Court CR. MISC. No.126 of 2026(2) dt.13-02-2026
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                       connection with Gaya Muffasil P.S. Case No. 587 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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