Bittu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bittu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions that one bailor be an own/close family member and that he attend every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner, in custody since 05-08-2024 in Kotwali P.S. Case No. 406 of 2024 instituted for offences under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to be released on bail.

Court's answer

The Court granted bail taking into account the facts and circumstances of the case, the petitioner's period of custody, the absence of cogent material against the petitioner, and the submission of the charge sheet.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Kotwali P.S. Case No. 406 of 2024.

Key takeaways

Condition (I) of release: one of the bailors shall be an own/close member of the family of the petitioner.ratio¶24
Condition (II) of release: the petitioner shall appear on each and every date fixed at the trial, and in case of default in such appearance on two consecutive dates the Trial Court will have liberty to cancel the bail bonds.ratio¶25

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna (Rudra Prakash Mishra, J.), 13-05-2025, Criminal Miscellaneous No. 5916 of 2025: petitioner Bittu Kumar, husband of the deceased, was released on bail in Kotwali P.S. Case No. 406 of 2024 instituted for offences under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant, mother of the deceased, alleged that her daughter died under suspicious circumstances on 03.08.2024, initially reported as a fall from stairs, and on account of prior incidents of assault suspected murder by her husband (the petitioner), his brother Om Prakash and their mother Sarita Devi. Counsel for the petitioner urged false implication, absence of specific allegation against him, witness accounts (including an eye-witness) supporting death by fall from stairs, custody since 05-08-2024, no criminal antecedent, and submission of charge sheet. The Court, weighing the period of custody, the absence of cogent material against the petitioner and the submission of the charge sheet, allowed bail on a bond of Rs. 10,000/- with two sureties of the like amount each, conditioned on one bailor being an own/close family member and on the petitioner's attendance at every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5916 of 2025

Arising Out of PS. Case No.-406 Year-2024 Thana- GAYA KOTWALI District- Gaya

======================================================

Bittu Kumar Son of Upendra Prasad Resident of Maharani Road, Gaya, P.S. - Kotwali, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

Usha Devi Wife of Late Umesh Prasad Resident of Village - Ashthawan, P.S. - Ashthawan, District - Nalanda

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the Opposite Party/s : Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 406 of 2024 instituted for the offence under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The informant alleged that her daughter, who was married to petitioner, died under suspicious circumstances on 03.08.2024, initially reported as a fall from stairs. However, based on prior incidents of assault, she suspects that her daughter was murdered by her husband, his brother Om Prakash, and their mother Sarita Devi.

4. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.5916 of 2025(4) dt.13-05-2025 2/3

that the petitioner is in custody since 05-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is no specific allegation against the petitioner. It is contended that it is the petitioner’s side who informed the informant regarding the incident. During investigation, several witnesses, including eye witness, have stated that deceased died due to falling from stairs. It is submitted that police after completion of investigation has submitted charge sheet in this case.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is next submitted that as per postmortem report various bruises and abrasions, swelling over optical bone were found on the body of the deceased.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on

Patna High Court CR. MISC. No.5916 of 2025(4) dt.13-05-2025 3/3

furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwali P.S. Case No. 406 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)