Chhutu Kumar @ Chotu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27631 of 2026
                       Arising Out of PS. Case No.-328 Year-2025 Thana- CHANDI District- Nalanda
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                 Chhutu Kumar @ Chotu Kumar son of Late Madan Gope Resident of village-
                 Mokimpur PS -Chandi Distt -Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Mrityunjay Narain, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                      Heard Mr. Kumar Mrityunjay Narain, learned

                   counsel for the petitioner and Mr. Madhura Nand Jha, learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Chandi P.S. Case No. 328 of 2025, F.I.R. dated

                   27.06.2025 for the offences punishable under Sections 103(1)

                   and 3(5) of the Bhartiya Nyay Sanhita, 2023.

                               3. As per the First Information Report, the informant

                   alleged that his daughter, namely, Sima Kumari (now, deceased)

                   has been killed by her husband and in-laws. It is further alleged

                   that husband of the deceased used to talk with another girl.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the
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          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. Informant is not the eye witness of the alleged occurrence

          and he has been made accused in the present case merely on the

          basis of suspicion. Infact the petitioner is brother-in-law of the

          deceased and         there is no specific allegation of assault or

          demand of dowry against him rather there is general and

          omnibus allegation against all the accused persons including the

          petitioner. He next submits that husband of the deceased,

          namely, Manchan Kumar, who also happens to be the brother of

          the petitioner is in judicial custody.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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 the learned

          A.C.J.M, Hilsa in connection with Chandi P.S. Case No. 328 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of
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                      the Bhartiya Nagarik Suraksha Sanhita and with other following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T