Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The petition for bail was rejected as no fresh ground for reconsideration was shown.
Summary
Mithilesh Kumar was charged under Sections 80 and 3(5) of the Bihar Negotiable Instruments Act and Section 3 of the Dowry Prohibition Act for allegedly demanding dowry, assaulting his wife’s family and strangling the informant’s daughter. He applied for bail, having been in custody since 10 August 2024, and argued that the trial was delayed and his wife had committed suicide. The State opposed, stating no fresh ground was raised and custody duration alone cannot justify bail. The trial court reported that the case was pending only for recording the accused’s statement under Section 313 CrPC and could conclude within three months. The High Court found no new basis to revisit the earlier bail denial and rejected the bail petition, directing the trial court to dispose of the matter promptly.
Issues considered
- Whether the petitioner is entitled to bail despite the pending trial and lack of fresh grounds
- Whether the period of custody alone can justify granting bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 3(5), 80
- Dowry Prohibition Act — s. 3
Subjects
- bail
- dowry prohibition
- murder
- Criminal Procedure Code
- Section 313 CrPC
- pending trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91638 of 2025
Arising Out of PS. Case No.-358 Year-2024 Thana- MURLIGANJ District- Madhepura
======================================================
Mithilesh Kumar, S/O Ram Chandra Yadav, R/O Village- Jahagir Tola, Ward
No. 15, P.S- Murliganj, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pooja Prasad, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 20 of 2025, arising out of
Murliganj P.S. Case No. 358 of 2024, registered for the alleged
offences under Sections 80, 3(5) of BNS and Section ¾ of
Dowry Prohibition Act.
3. As per the prosecution case, the petitioner was
married with the daughter of the informant in the year 2018 and
birth of two daughters took place out of this wedlock. Further
allegation against the petitioner is that he had been demanding
Rs. 1 lakh and on non-fulfillment of demand, his wife was
driven out from her matrimonial home. On 03.08.2024, the
informant brought her back to her matrimonial home wherein on
Patna High Court CR. MISC. No.91638 of 2025(3) dt.06-02-2026
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04.08.2024 she was assaulted by the petitioner and others and
they also assaulted the informant and, thereafter, the petitioner
and his family members put a rope in the neck of the daughter
of the informant and killed her.
4. The learned counsel for the petitioner submits that
this is the second attempt of the petitioner to seek bail from this
Court. Earlier, the prayer for bail of the petitioner was rejected
vide order dated 13.05.2025 passed in Cr. Misc. No. 6163 of
2025. The learned counsel further submits that the petitioner is
in custody since 10.08.2024, but the trial has not been
concluded till date and there is no likelihood of early conclusion
of trial. The learned counsel further submits that the wife of the
petitioner committed suicide and prior to that there was cordial
relationship with the petitioner and his deceased wife. There
were two children from this wedlock.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner. The learned APP
submits that no fresh ground has been brought on record for
reconsideration of prayer of bail and the period of custody could
not be a ground.
6. A report dated 15.01.2026 has been received from
the learned trial court about the present stage of trial wherein the
Patna High Court CR. MISC. No.91638 of 2025(3) dt.06-02-2026
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learned trial court has submitted that the matter has been
pending for recording the statement of accused persons under
Section 313 Cr.P.C. The learned trial court has further submitted
that there is every possibility of conclusion of trial within next
three months.
7. Having regard to the facts and circumstances and
submission made on behalf of the parties, I do not find any new
ground to reconsider the prayer for bail of the petitioner. Hence,
his prayer for grant of bail is rejected.
8. However, the learned trial court is directed to abide
by its undertaking and dispose of the matter at the earliest.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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