Patna High Court
Akhilesh Kumar @ BaunaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 304B, 34
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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