Patna High Court
CR. MISC./56446/2026 of Kamal Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56446 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- BAHADURPUR District- Khagaria ====================================================== 1. Kamal Kumar Son of Late Devan Yadav Resident of Village- Bahadurpur, P.S.- Bahadurpur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56446 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- BAHADURPUR District- Khagaria ======================================================
1.
Kamal Kumar Son of Late Devan Yadav Resident of Village- Bahadurpur, P.S.- Bahadurpur, District- Khagaria, Bihar
2.
Sakila Devi Wife of Kamal Kumar Resident of Village- Bahadurpur, P.S.- Bahadurpur, District- Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners
:
Mr. Krishna Pd. Singh, Senior Advocate
Mr. Amarendra Kumar, Advocate
For the State
:
Mr. Yogendra Kumar Singh, APP
For the Informant
:
Mr. Bhola Prasad, Advocate
Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
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ORAL ORDER
19-08-2026 Heard learned senior counsel for the petitioners, learned APP for the State and learned counsel for the informant, who appeared suo motu in the present case.
2. The petitioners are apprehending their arrest in connection with Bahadurpur P.S. Case No. 23 of 2026, dated 15.05.2026, lodged under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, the FIR has been lodged against five named and one unknown accused persons, including the present petitioners, with an allegation of dowry death. It has been specifically alleged that there was a demand for dowry and, due to the continuous torture, no family member used to talk with the daughter of the informant. Subsequently, on the evening of 13.05.2026, petitioner No. 1 called the informant and told him that his daughter had closed the door and was not opening it. When the informant reached there along with his family members, it was found that his daughter was hanging from the fan.
4. Learned senior counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Senior counsel further submits that the petitioners are the father- in-law and mother-in-law of the deceased and they have nothing to do with the affairs of their son and were in no way responsible for such occurrence. Senior counsel further submits that from the contents of the FIR, it becomes crystal clear that it is petitioner No. 1 who intimated the informant about the unfortunate event to his samdhi (father of the deceased), and only thereafter his samdhi received knowledge of the death of his daughter and immediately reached the house of his daughter. Senior counsel further submits that the criminal antecedents of the petitioners are clean and the husband of the deceased has already surrendered on 17.08.2026. He has produced a photocopy of the surrender certificate today at the time of argument. Counsel further submits that it has been acknowledged in the rejection order that the cause of death is asphyxia due to hanging.
5. Learned counsel for the informant, on the other hand, opposes the prayer for bail and submits that the petitioners are the father-in-law and mother-in-law of the deceased and they are solely responsible for her death. Counsel further submits that the process under Section 82 of the Cr.P.C. has been issued against them on 13.07.2026 itself and anticipatory bail may not be granted to them.
6. Learned APP for the State also opposes the prayer for bail of the petitioners but fairly submits that from the FIR, it transpires that it is petitioner No. 1 who intimated the informant through a phone call about the occurrence.
7. Considering the facts and circumstances of the present case, particularly the fact that the husband of the deceased has already surrendered and a copy of the surrender certificate has been provided, as well as the fact that petitioner No. 1 himself intimated his samdhi about the event and the post- mortem report indicates that the death was caused due to hanging, let the above-named petitioners be released on anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Khagaria, in connection with Bahadurpur P.S. Case No. 23 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
Aman Kumar/- (Dr. Anshuman, J.) U T