Patna High Court
Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.
Summary
Ankush Kumar, the brother‑in‑law of the complainant, was charged under Sections 189(2), 126(2), 115, 352, 109 and 85 of the Bihar Penal Code (BNS) and Sections 3 and 4 of the Dowry Prohibition Act for allegedly assaulting his sister‑in‑law with slaps, fists and bricks after taking her to a secluded forest area, with the intent to cause death. The petitioner applied for regular bail, contending that the allegations were vague, that he had been in custody since 23‑09‑2025, and that co‑accused including the husband had already been granted bail in similar cases (Cr. Misc. Nos. 52672 of 2025 and 4558 of 2025). The State opposed the bail, emphasizing the seriousness of the offences. The Court, after considering the facts, the precedent of bail to co‑accused, and the lack of a specific prima facie case, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of offences under the BNS and Dowry Prohibition Act.
- Whether the alleged general and omnibus nature of the charges justifies bail.
- Whether the grant of bail to co‑accused in related cases is a relevant factor.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115, 126(2), 189(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- dowry prohibition
- cruelty
- assault
- criminal procedure
- Bihar Penal Code
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23375 of 2026
Arising Out of PS. Case No.-279 Year-2024 Thana- KHIJARSARAI District- Gaya
======================================================
Ankush Kumar S/o Late Suresh Prasad Resident of Village- Pathra Nadira,
P.S.- Khizersarai, District- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanpna Kumari W/o Arun Kumar R/o vill - Pathra, P.S.- Khizersarai, Dist.-
Gaya ji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjawal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 189(2),
126(2), 115, 352, 109 and 85 of the BNS and under Sections 3 and
4 of the Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
informant was married with one Arun Kumar and they were
having a daughter out of the wedlock. The allegation is that the
informant was subjected to cruelty on account of non-fulfillment
of dowry demand of Rupees Two Lakh. On 03.08.2024, the
petitioner along with other in-laws on pretext of watching fair
organized in Barabar Mountain, took her to a secluded place in
Patna High Court CR. MISC. No.23375 of 2026(2) dt.17-04-2026
2/2
forest and assaulted her with slaps, fists and bricks and thinking
her to be dead, the assailants fled away.
4. Learned counsel for the petitioner submits that the
allegation against the petitioner is general and omnibus. Learned
counsel has further submitted that the petitioner is brother-in-law
of the informant and is in custody since 23.09.2025. Learned
counsel for the petitioner has further submitted that even the
husband and other similarly situated co-accused have been granted
bail by the learned Co-ordinate Benches of this court vide Cr.
Misc. Nos. 52672 of 2025 and 4558 of 2025. The case of this
petitioner stands on similar footing.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Khizersarai P.S. Case No. 279 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge-XIX, Gaya Jee.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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