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Patna High Court

Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       3/3




                     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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