Patna High Court
Kamlesh Kumar @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Kamlesh Kumar, brother‑in‑law of a murder victim, was arrested in a case registered under Sections 89, 80 and 3(5) of the BNS. The prosecution alleged that the victim's daughter was married to co‑accused Nitish Kumar, faced dowry‑related cruelty and was subsequently murdered by the accused. The petitioner contended that he had no involvement in the family dispute, possessed a clean antecedent, and had been in custody since 20‑08‑2025. The State opposed the bail application. Considering the petitioner’s clean record, the nature of the allegations against others, and the period of custody, the Court allowed regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 89, 80 and 3(5) of the BNS given the facts of the case.
Legislation cited
- BNS — s. 3(5), 80, 89
Subjects
- regular bail
- dowry harassment
- murder
- clean antecedent
- criminal procedure
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91664 of 2025
Arising Out of PS. Case No.-353 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Kamlesh Kumar @ Akhilesh Kumar S/o Shri Prashuram Singh R/o Village -
Kadilpur, P.S - Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offences punishable under Sections 89, 80 and 3 (5) of
BNS.
3 . The prosecution case , daughter of informant was
married with co-accused Nitish Kumar on 08.04.2025 and after
the marriage , she was subjected to cruelty and harassment by
all the accused persons due to non-fulfillment of additional
demand of dowry and ultimately the accused persons
committed the murder of daughter of informant.
4. Learned counsel for the petitioner submits that
petitioner is brother-in -law of the deceased. He is simply
victim of over implications. He is separate in mess and property
Patna High Court CR. MISC. No.91664 of 2025(2) dt.13-02-2026
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and has got no concern with the family affairs of deceased and
her husband. Thrust of accusation is against husband who is
already in custody . Petitioner claims clean antecedent and is in
custody since 20.08.2025 .
5 . Learned A.P.P. for the State vehemently opposes
the bail application.
6. Considering the aforesaid facts, clean antecedent of
this petitioner, period of custody and other circumstances of the
case , the bail application is allowed. Let the above named
petitioner be released on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate Vaishali at
Hajipur in connection with Hajipur Sadar P. S. Case No. 353 of
2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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