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Patna High Court

Akhilesh Kumar @ BaunaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.

Summary

Akhilesh Kumar, brother‑in‑law of a woman who died by hanging, filed a regular bail petition in a case registered under sections 304B and 34 of the Indian Penal Code. The prosecution alleged his involvement, but the FIR was described as vague and the primary accusation in such cases usually targets the husband. The petitioner asserted his innocence, highlighted his lack of criminal antecedents, and noted his detention since 29‑08‑2025. The State opposed the bail application. The Patna High Court, after weighing the circumstances, granted regular bail on condition of a Rs 10,000 bond with two sureties, and ordered his release.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case punishable under sections 304B and 34 of the IPC given the nature of the allegations and his personal circumstances.

Legislation cited

Subjects

  • regular bail
  • IPC
  • 304B
  • 34
  • criminal procedure
  • judicial custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88686 of 2025
                      Arising Out of PS. Case No.-215 Year-2024 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Akhilesh Kumar @ Bauna S/O Wakil Sahani R/O Village- Pakari, Police
                 Station- Kanti, Distt.- Muzaffarpur.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Milind Kumar Mishra, Advocate
                                                   Mr. Kamini Rani, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                        Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 304(B)/34

                   of the Indian Penal Code.

                                 3.     The case of the prosecution is that the informant

                   received information that his daughter had been killed by

                   hanging and had been taken to Medanta Hospital. Upon

                   receiving the said information, the informant along his family

                   members reached the ICU of Medanta Hospital where they

                   found that treatment of his daughter was going on.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that a
            Patna High Court CR. MISC. No.88686 of 2025(2) dt.06-01-2026
                                                        2/2




                      perusal of the FIR would reveal that the nature of allegation

                      levelled against the petitioner is general and omnibus. The

                      petitioner is brother-in-law of the deceased whereas in cases of

                      the present nature, the main thrust of allegation is against the

                      husband. Moreover, the petitioner is languishing in judicial

                      custody since 29.08.2025 having no criminal antecedent.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Kanti P.S. Case No. 215 of 2014 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Chief Judicial Magistrate -1st (West), Muzuffarpur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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