Patna High Court
Kailu Mallah @ Rajdeep MallahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Kailu Mallah, sought regular bail in a dowry‑death case where he was accused of killing his sister‑in‑law. The prosecution alleged that the deceased was killed for non‑fulfilment of dowry demands and that the petitioner was involved. The petitioner contended he was falsely implicated, had no criminal antecedents, and that the allegations were general and omnibus; his elder brother had already been granted bail in a related matter. The court noted the petitioner’s relationship as a brother‑in‑law, the lack of specific evidence against him, and the fact that the charge sheet had been filed, and therefore inclined to grant bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita in the present dowry‑death case?
- Whether the general and omnibus nature of the allegations against the petitioner precludes the grant of bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238(a), 3(5), 80(2)
Subjects
- regular bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77444 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Kailu Mallah @ Rajdeep Mallah S/o- Rajendra Mallah Village- Baijnathpur
W.No-1, PS-Bihariganj, Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Bihariganj P.S.
Case No. 34 of 2025 dated 28.01.2025, registered under
Sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, due to non-fulfillment
of demand of dowry, the deceased has been killed. The
petitioner is accused of killing the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner is the
elder brother of the husband of the deceased and he has no
concern with the family affairs of the deceased or her husband.
It is also submitted that the allegations against the petitioner are
Patna High Court CR. MISC. No.77444 of 2025(3) dt.17-01-2026
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general and omnibus in nature. Learned counsel further submits
that the husband of the deceased is already in custody. The
informant has arrayed all family members of the petitioner,
including the husband, as accused in the case. One of the
petitioner’s elder brothers, namely Arvind Mallah @ Arvind
Kumar, has already been granted regular bail by a Co-ordinate
Bench of this Court vide order dated 03.09.2025 in Cr. Misc.
No. 43360 of 2025. Lastly, it is submitted that the petitioner has
been in custody since 26.03.2025 having no criminal
antecedents and charge sheet in the case has already been
submitted.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer for bail.
6. Considering the fact that the petitioner is the
brother-in-law (Bhaisur) of the deceased and there is general
and omnibus allegation against him, this Court is inclined to
release the petitioner on bail.
7. Accordingly, 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 S.D.J.M. Udakishunganj, District Madhepura, in
connection with Bihariganj P.S. Case No. 34 of 2025.
Patna High Court CR. MISC. No.77444 of 2025(3) dt.17-01-2026
3/3
8. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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