Patna High Court
Kamlesh Kumar Ojha @ Kamlesh OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions and verification of antecedent cases.
Summary
Kamlesh Kumar Ojha applied for pre‑arrest bail in a case (Agiaon Bazar PS No.129/2024) alleging he assaulted an informant, causing a miscarriage, under Sections 85, 88 and 3(5) of the BNS. The informant’s daughter‑in‑law, who is the petitioner’s daughter‑in‑law, testified that the dispute has been settled through community mediation and she now lives peacefully in her matrimonial home. The court noted the settlement and, applying the principles of pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) BNS, held that the petitioner merits release on bail. The court ordered his release on furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedents, which could nullify the order. The bail application was disposed of with the grant of bail.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged assault causing miscarriage under the BNS provisions.
- Whether the settlement of the dispute through community mediation influences the grant of bail.
- Whether the petitioner’s criminal antecedents, if any, affect the bail order.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 3(5), 482, 85, 88
- Criminal Procedure Code — s. 438
Subjects
- pre‑arrest bail
- community mediation
- assault
- miscarriage
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 BNS
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15593 of 2026
Arising Out of PS. Case No.-129 Year-2024 Thana- AGIAON BAZAR District- Bhojpur
======================================================
Kamlesh Kumar Ojha @ Kamlesh Ojha Son of Late Ram Kripal Ojha
Resident of Village- Ghusiya Kala, P.S.- Bikramganj, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pratibha Kumari Wife of Ritesh Ojha Resident of Village- Ghusiya Kala,
P.S.- Bikramganj, District- Rohtas. At present Pratibha Kumar, aged about
30 years, Female, Daughter of Ashok Kumar Upadhyay, Resident of Village-
Angara, P.S.- Agiaon Bazar, District- Bhojpur at Ara
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Md. Fahimuddin, APP.
For O.P. No.2 : Mr. Amrendra Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 15-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Agiaon Bazar P.S. Case No. 129 of 2024 registered for the
offence punishable under Sections 85, 88 and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., the
petitioner who is the father-in-law of the informant, had
assaulted the informant, due to which, the informant suffered
miscarriage.
4. Mr. Amrendra Kumar, learned counsel appearing
on behalf of the informant informs that with the intervention of
the villagers and the well wishers of both the parties, the O.P.
No.2 who is the daughter-in-law of the petitioner is now living
Patna High Court CR. MISC. No.15593 of 2026(4) dt.15-05-2026
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happily in her matrimonial home.
5. Considering the above information and the fact that
the matter has now been settled outside the Court by way of
community mediation and good sense has prevailed between the
parties, I find that the the petitioner who is the father-in-law of
O.P. No.2 deserves to be released on pre-arrest bail.
6. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, Bhojpur, Ara in connection with
Agiaon Bazar P.S. Case No. 129 of 2024, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
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