Patna High Court

Munna Kumar @ Munna Kumar MistriversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Munna Kumar Mistri, applied for bail in a case registered under Sections 126(2), 115(2), 80(2), 123, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that his wife died after consuming poison. The petitioner contended that the death was accidental, that there was no dowry demand, and that he had no prior criminal record, citing a forensic report showing aluminum phosphate. The State opposed bail, emphasizing the seriousness of the offences. After considering the evidence, the petitioner's lack of antecedents, and the circumstances, the court ordered bail on condition of a Rs.10,000 bond with two sureties. The bail order was directed to be recorded with the Chief Judicial Magistrate, Katihar.

Issues considered

Whether bail should be granted to the accused in a case involving alleged marital homicide and multiple serious offences under the Bharatiya Nyaya Sanhita

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 123, 126(2), 3(5), 80(2), 85

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
marital homicide
domestic violence
forensic evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70551 of 2025
                        Arising Out of PS. Case No.-256 Year-2024 Thana- KADWA District- Katihar
                 ======================================================
                 Munna Kumar @ Munna Kumar Mistri, S/o Subodh Mistri, Resident of
                 Village - Mahammadpur, P.S - Kadwa, District - Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhola Prasad, Adv.
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   21-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Kadwa P.S. Case No. 256 of 2024 dated 19.12.2024

                   registered for the offence punishable under Sections 126(2),

                   115(2), 80(2), 123, 85 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Allegation against the petitioner is that the

                   marriage of the petitioner was solemnized with the deceased

                   just six months ago and she was subjected to torture,

                   leading to consumption of poison and subsequently her

                   death.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.70551 of 2025(4) dt.21-01-2026
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          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that as per the allegation made in

          the F.I.R., it is admitted position that the deceased had

          consumed poison and F.S.L. report proves the presence of

          Aluminum Phosphate. It is further submitted that the

          deceased was taken to the hospital and during course of

          treatment, she died. There was no demand of dowry and

          there was cordial relation between the petitioner and the

          deceased. Further, it is submitted that after knowing the real

          fact of the case, the informant has filed a petition before the

          Principal District and Sessions Judge, Katihar stating that

          the deceased and the accused petitioner were living their

          conjugal life but due to some mis-understanding, this case

          has been lodged. Lastly, it has been submitted that the

          petitioner is in custody since 02.06.2025, having no

          criminal antecedent and charge-sheet has been submitted in

          the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the
            Patna High Court CR. MISC. No.70551 of 2025(4) dt.21-01-2026
                                                        3/3




                      parties, let the petitioner be released on bail upon furnishing

                      bail bonds of Rs. 10,000/- (ten thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      C.J.M., Katihar in connection with Kadwa P.S. Case No.

                      256 of 2024.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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