Patna High Court
Amar Kumar Kushwaha @ Abhinav Kushwaha @ Abhinav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Amar Kumar Kushwaha, applied for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S. alleging that he, along with co‑accused, conspired to murder his wife. The informant claimed the petitioner regularly assaulted his wife, who later died, and that the petitioner was responsible for her death. The petitioner contended that the marriage was harmonious, no dowry demand existed, the post‑mortem showed no external injuries, and he had no prior criminal record, having been in custody since 09‑09‑2025. The State opposed bail, emphasizing the petitioner’s relationship as husband of the deceased and the seriousness of the alleged offence. Considering the circumstances, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether regular bail can be granted to the accused in a murder‑conspiracy case under Sections 103(1), 238 and 3(5) of the B.N.S.
- Whether the absence of prior criminal antecedent, lack of dowry demand and the post‑mortem findings justify bail
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5)
Subjects
- regular bail
- murder
- domestic violence
- dowry
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2948 of 2026
Arising Out of PS. Case No.-317 Year-2024 Thana- RAMGARHWA District- East
Champaran
======================================================
Amar Kumar Kushwaha @ Abhinav Kushwaha @ Abhinav Kumar son of
Baban Kushwaha Resident of village - Bhaluahiya, ps- Ramgarhwa, Dist-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Saswat, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ramgarhwa P.S. Case
No. 317 of 2024 dated 14.12.2024 registered for the offences
punishable under Sections 103(1), 238 and 3(5) of B.N.S.
3. As per the written report of the informant, the
marriage of the petitioner was solemnized with the daughter of
the informant about 14 years ago and was kept properly for
sometime, the couple were blessed with three children. Since
last five years, her daughter used to inform that her mother-in-
law and the husband (petitioner) used to regularly assault and
Patna High Court CR. MISC. No.2948 of 2026(3) dt.06-04-2026
2/3
torture her. It is further alleged that on 12.12.2024 at about
16:30 hours, the informant was informed that her daughter has
died. Thereafter, the informant went to the matrimonial house of
his daughter and enquired from the nearby people there and the
informant expressed firm belief that this petitioner along with
other co-accused persons under conspiracy killed the daughter
of the informant.
4. Learned counsel for the petitioner has submitted
that the marriage between the petitioner and the deceased was
performed 14 years ago, there was no matrimonial discord
between the parties and as a matter of fact no complaint ever
came to be filed. It has been further submitted that as per the
post-mortem report, there was no external or internal injuries on
the person of the deceased and the opinion regarding death of
the deceased was kept reserved getting the FSL report.
Moreover, there is no allegation of demand of dowry etc., and
out of the wedlock admittedly three children were born and
there are no one to look after them. It has been further submitted
that petitioner is in custody since 09.09.2025 having no criminal
antecedent and the charge-sheet has been submitted.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submitted that
Patna High Court CR. MISC. No.2948 of 2026(3) dt.06-04-2026
3/3
the petitioner is the husband of the deceased.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Raxaul, Motihari, East Champaran in connection with
Ramgarhwa P.S. Case No. 317 of 2024.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…