Patna High Court
Amarjeet Singh Kushwaha @ Amarji SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Amarjeet Singh Kushwaha, sought anticipatory bail after being implicated in a dowry‑related homicide case under Sections 80, 238 and 3(5) of the B.N.S. The prosecution alleges that the deceased’s husband and co‑accused killed her following marital cruelty for dowry. The petitioner, the deceased’s elder brother‑in‑law, contended that the death was accidental and that he had no involvement in the family dispute. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances
- Whether the petitioner is likely to be involved in the alleged dowry death offence under Sections 80, 238 and 3(5) of the B.N.S.
- Whether the conditions imposed under Section 482 of the B.N.S.S., 2023 are appropriate
Legislation cited
- B.N.S. — s. 238, 3(5), 80
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- Section 80
- Section 238
- Section 3(5)
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83969 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Amarjeet Singh Kushwaha @ Amarji Singh S/O Late Rambabu Singh
Resident of Village- Chaknur, Dighwara, Police Station- Dighwara, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 80, 238, and 3(5) of the
B.N.S.
3. As per prosecution case, daughter of informant was
married to co-accused Sujit Kumar Singh on 01.03.2023 and
after the marriage, she was subjected to cruelty and harassment
by the accused persons for dowry and lastly on 07.06.2025, the
accused persons killed informant’s daughter.
4. Learned counsel for the petitioner submits that it is
a case of accidental death. Petitioner is elder brother-in-law of
the deceased. There is general and omnibus allegation. Thrust of
the accusation is against husband of the deceased, who is
Patna High Court CR. MISC. No.83969 of 2025(2) dt.06-01-2026
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already in custody since 20.08.2025. Petitioner is separate in
mess & property and has got no concern with the family affairs
of deceased and her husband.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of petitioner.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - I, Saran at Chapra in
connection with Dighwara P.S. Case No. 216 of 2025, subject to
condition as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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