Patna High Court

Mithilesh Kumar MilanversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing the furnishing of a bail bond of Rs.10,000 with two sureties and imposing conditions of cooperation and appearance.

Summary

The petitioner, Mithilesh Kumar Milan, applied for regular bail in a case registered under Sections 80 and 82(1) of the BNS, alleging fraud, mental and monetary harassment leading to the deceased's suicide. The prosecution alleged that the petitioner married the deceased fraudulently, withdrew Rs. 35,000 from her account, and caused her death, while the petitioner claimed innocence and that the informant (the deceased's mother) did not support the prosecution. The informant testified that her daughter was mentally ill and that the petitioner facilitated her treatment. The petitioner had been in custody for nearly a year, and the informant’s lack of support was highlighted. The court, after considering the circumstances, ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and directed his release on bail, subject to cooperation with the trial. The bail was granted with conditions to appear before the court as required.

Issues considered

Whether regular bail can be granted in offences under Sections 80 and 82(1) of the BNS given the alleged facts.
Whether the informant’s lack of support for the prosecution warrants bail.
Whether prolonged pre‑trial custody justifies the grant of bail.

Legislation cited

BNS — s. 80, 82(1)

Subjects

regular bail
Sections 80
Section 82(1)
BNS
fraud
suicide
pre‑trial detention
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46946 of 2025
                  Arising Out of PS. Case No.-382 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Mithilesh Kumar Milan S/O Maheshwar Yadav Village- Vidyapati Nagar,
                 Ward No. 19, P.S.- Saharsa Sadar, District- Saharsa      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Binod Murari Mishra
                 For the Opposite Party/s :      Mr.Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   07-01-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Saharsa Sadar P.S. Case No. 382 of 2025, registered for the

                   offences punishable under Sections 80, 82(1) of the BNS.

                                3. The allegation against the petitioner is that he

                   fraudulently married the deceased despite having a prior marriage,

                   subjected her to mental and monetary harassment, withdrew Rs.

                   35,000/- from her bank account and due to alleged cruelty, the

                   deceased committed suicide by hanging.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. The informant, who is the mother of the deceased, was

                   examined as PW-1 during Sessions Trial No. 264 of 2025. The

                   informant did not support the prosecution case. In her statement,

                   she stated that her daughter was mentally ill and that her son-in-
           Patna High Court CR. MISC. No.46946 of 2025(3) dt.07-01-2026
                                                       2/2




                     law (the petitioner) facilitated her treatment.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. The petitioner has been in custody for nearly one year

                     and the informant did not support the prosecution case during the

                     trial.

                                  7.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     CJM, Saharsa in connection with Saharsa Sadar P.S. Case No. 382

                     of 2025, subject to the following conditions that the petitioner

                     shall cooperate in the disposal of trial and              make himself

                     available as and when required by the court.

                                  8. The petitioner shall cooperate in the disposal of

                     trial and make himself available on each and every date till

                     conclusion of the trial.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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