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Patna High Court

Amarjeet Singh Kushwaha @ Amarji SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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