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Patna High Court

Kamlesh Kumar @ Akhilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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