Patna High Court
Krishna Kumar @ Krishna KunwarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The bail petition is dismissed; the petitioner is not entitled to bail.
Summary
Krishna Kumar, the petitioner, is in custody for alleged assault on the informant's sister, charged under multiple sections of the BNS and the Dowry Prohibition Act. He contended that he was falsely implicated, the FIR was filed after an unexplained delay, and pointed to the grant of bail to a co‑accused in a similar case. The State and the informant opposed bail, asserting that the petitioner, being the victim's husband, participated in the assault that caused grievous injuries, as corroborated by a medical report and witness testimony. The court noted the seriousness of the injuries, the presence of a prior criminal antecedent, and the strength of the prosecution's case. Consequently, the bail petition was rejected and the trial was directed to be expedited.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the alleged assault and the presence of a prior criminal antecedent
- Whether the delay in filing the FIR warrants bail
- Whether the grant of bail to a co‑accused in a similar case influences the petitioner's bail application
Legislation cited
- BNS — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 3(5), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- assault
- grievous injury
- dowry prohibition
- criminal antecedent
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73694 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Krishna Kumar @ Krishna Kunwar, aged about 40 years, S/O Lalan Kunwar
@ Ranjeeti Kunwar Permanent Resident of village-Bachauta, P.S-Morkahi,
District-Khagaria at present residing at shakuntala Vatika, Mohanpur,
Punaichak, P.S. Shastrinagar, District-Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aditya Kumar S/O Late Ratan Prasad Singh R/O - Sanhauli, P.S- Chitragupt
Nagar, Dist- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
For the Informant Mr. Allama Abdul Quadri, Advocate
Mr. Jamal Faridi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. Petitioner is in custody in a case registered for the
offence punishable under Section 126(2), 115(2), 118(1), 118(2),
109, 117(2), 85, 3(5) of the BNS and Section 3/4 of Dowry
Prohibition Act.
3. As per allegation in the FIR, petitioner along with
other co-accused persons used to assault the informant’s sister
due to which she got several serious injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.73694 of 2025(4) dt.21-01-2026
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petitioner is innocent and have falsely been implicated in this
case. He next submits that the FIR was registered after a delay
of one week without any plausible explanation. He next submits
that similarly situated co-accused person, namely, Babita Devi
@ Vibha Devi also granted bail by a co-ordinate Bench of this
ourt vide order dated 15.01.2026 passed in Cr. Misc.
No.74341of 2025 and vide the same order the prayer for bail of
one, Rajneti Kunwar @ Lalan Kunwar also got rejected. He
submits that petitioner is in custody since 05.08.2025 and has
got one criminal antecedent as stated in para-3 of the bail
petition.
5. Learned APP for the State as well as learned
counsel for the informant oppose the prayer for bail of the
petitioner and submits that petitioner is husband of the victim
and he along with his family members used to assault the
informant’s sister after which she got grievous injuries.
6. On perusal of the FIR, case diary and impugned
order dated 24.09.2025 along with Report of Office
Superintendent, Sadar Hospital, Khagaria the opinion opined by
the Doctor is that injuries are ‘grievous in nature caused by both
hard and sharp & blunt object’ and witnesses have also
supported the prosecution story and also the fact that petitioner
Patna High Court CR. MISC. No.73694 of 2025(4) dt.21-01-2026
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has got one criminal antecedent, so I am not inclined to grant
bail to the this petitioner.
7. Accordingly, the prayer for bail of this petitioner is
hereby rejected.
8. However, learned Trial Court is directed to expedite
the trial as soon as possible.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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