Patna High Court
Kaushal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The modification application is allowed and the bail bonds are to be accepted forthwith.
Summary
Kaushal Kumar Singh was charged under Sections 302, 304(B), 120(B) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for the alleged torture and killing of his wife. He had been in custody since August 2024 and was granted regular bail on 4 September 2025 subject to the condition that the child born out of wedlock reside with his family. The State opposed the bail, but the court allowed it considering the length of custody and trial delay. Subsequently, the petitioner filed a modification application alleging that the informant had falsely claimed the children were taken away, thereby breaching the bail condition. The court examined the factual matrix, found no substantive violation of the condition, and allowed the modification, directing the lower court to accept the bail bonds immediately. Consequently, the petitioner’s bail remains in force without further restriction.
Issues considered
- Whether the bail condition requiring the child born out of wedlock to reside with the petitioner’s family has been violated.
- Whether the bail order should be modified or revoked on the basis of alleged non‑compliance with the condition.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 302, 304B
Subjects
- bail
- modification of bail
- murder
- dowry prohibition
- child custody condition
- Indian Penal Code
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84780 of 2025
In
CRIMINAL MISCELLANEOUS No.18535 of 2025
Arising Out of PS. Case No.-167 Year-2023 Thana- KALUAHI District- Madhubani
======================================================
Kaushal Kumar Singh Son of Thakkan Singh Village- Narar Navtoli, PS-
Kaluahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This application has been filed for modification of
the order dated 04.09.2025 passed in Cr. Misc. No. 18535 of
2025 by which the petitioner was granted regular bail by this
Court with certain condition.
3. The following order was passed on 04.09.2025 in
Cr. Misc. No. 18535 of 2025:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Kaluahi P.S. Case No. 167 of 2023 registered for
the offence punishable under Sections 302, 304(B),
120(B) of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act.
3. As per the prosecution case, the
petitioner, who is the husband, is accused of torture
and killing his wife.
Patna High Court CR. MISC. No.84780 of 2025(2) dt.31-01-2026
2/3
4. The petitioner is in custody since
23.08.2024.
5. Learned counsel for the petitioner
submits that the deceased has committed suicide which
is apparent from the post-mortem report as there is no
external injury except the ligature mark to show that
she was not assaulted by the accused persons. He also
submits that the only child born out of thewedlock of
the petitioner with the deceased is staying with the
family of the petitioner.
6. Learned counsel for the State and learned
counsel for the informant has vehemently opposed the
prayer for bail.
7. Considering the period of custody and the
delay in trial, this application is allowed.
8. Let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, District– Madhubani in
connection with Kaluahi P.S. Case No. 167 of 2023.
9. At the time of accepting bail bonds of the
petitioner, the Court below will verify the only child
born out of the wedlock is actually residing with the
family of the petitioner. If the child is found staying
with the family of the petitioner, the bail bonds shall be
accepted and if not appropriate order shall be passed
by the Court below”
4. The learned counsel for the petitioner submits that
the petitioner’s son, Naman Kumar Singh, and daughter, Akansa
Kumari @ Khushi Kumari, were living with their grandfather
and mother until the petitioner was granted regular bail on
04.09.2025. However, when the informant and his family
became aware of the petitioner’s bail and the condition that the
child born out of wedlock was residing with the petitioner’s
family, they falsely claimed that the children (the petitioner’s
Patna High Court CR. MISC. No.84780 of 2025(2) dt.31-01-2026
3/3
son and daughter) would be admitted to school. On this pretext,
the petitioner’s sister-in-law, Nikita Kumari, took the children.
5. The learned counsel for the petitioner further
submits that Nikita Kumari, the sister-in-law of the petitioner, is
the wife of Vikram Singh and a resident of Village Narar,
Navtoli, P.S. Kaluahi, District Madhubani. This is the same
village where the petitioner resides. It is humbly submitted that
while the children were primarily living with their grandfather
and grandmother, due to the death of their mother, they
occasionally visited their maternal aunt (Mausi) for love and
affection. The grandfather and grandmother, not objecting to
this, allowed Nikita Kumari to take the children. However, she
misused the trust and goodwill extended to her by the family of
the petitioner.
6. Considering the aforesaid facts and circumstances,
this modification application stands allowed. The Court below is
directed to accept the bail bonds of the petitioner forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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