Patna High Court
Khushi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions stipulated under Section 482 of the B.N.S., 2023.
Summary
The petitioners, Khushi Kumari and Rakesh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 80(2), 238 and 3(5) of the B.N.S., 2023 concerning alleged dowry harassment and murder of an informant's daughter. The prosecution alleged that after the daughter’s marriage, she was subjected to cruelty for dowry and was killed on 28-07-2025, with the husband already in custody. The petitioners, being the sister‑in‑law and brother‑in‑law of the deceased, claimed they had no involvement in the family affairs. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 each, two sureties, and compliance with conditions under Section 482 of the B.N.S., 2023, to be effected within eight weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 80(2) of the B.N.S., 2023.
- Whether there is sufficient material to justify the arrest of the petitioners.
- Whether the Court can invoke Section 482 of the B.N.S., 2023 to impose conditions on the bail.
Legislation cited
- B.N.S. — s. 238, 3(5), 482, 80(2)
Subjects
- anticipatory bail
- dowry harassment
- murder
- Section 80
- Section 482
- bail conditions
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91745 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- MATIHANI District- Begusarai
======================================================
1. Khushi Kumari D/o Mahendra Sah Resident of Village - Jilla Puranwas, P.S
- Matihani, District - Begusarai
2. Rakesh Kumar S/o Mahendra Sah Resident of Village - Jilla Puranwas, P.S -
Matihani, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 80(2), 238, 3(5) of the
B.N.S., 2023.
3. As per prosecution case, on 14.07.2024, daughter of
informant was married to co-accused Amresh Kumar and after
the marriage, she was subjected to cruelty and harassment by
the accused persons for dowry and lastly on 28.07.2025, the
accused persons killed informant’s daughter.
4. Petitioner no. 1 is sister-in-law (uun) and petitioner
no. 2 is brother-in-law (nsoj) of the deceased. There is general
Patna High Court CR. MISC. No.91745 of 2025(2) dt.20-01-2026
2/2
and omnibus allegation. Thrust of the accusation is against
husband of the deceased, who is already in custody since
01.09.2025. Petitioners are separate in mess and property and
have got no concern with the family affairs of deceased and her
husband.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioners.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioners, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Begusarai in connection with
Matihani P.S. Case No. 139 of 2025, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…