Kamlesh Kumar Ojha @ Kamlesh Ojha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

Kamlesh Kumar Ojha @ Kamlesh Ojha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: release in the event of arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Bhojpur, Ara, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions and verification of criminal antecedents by the District Court.

Issue for consideration

Whether the petitioner, named in Agiaon Bazar P.S. Case No. 129 of 2024 under Sections 85, 88 and 3(5) of the BNS on the allegation of assaulting his daughter-in-law/informant and causing her miscarriage, deserves pre-arrest bail.

Court's answer

In view of the settlement of the matter outside the Court by way of community mediation, good sense prevailing between the parties, and the informant (O.P. No.2) living happily in her matrimonial home, the petitioner, who is the father-in-law of O.P. No.2, deserves to be released on pre-arrest bail.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bhojpur, Ara, subject to the conditions laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

Key takeaways

The pre-arrest bail order is conditional: the District Court is to verify the petitioner's criminal antecedents, and if the petitioner is found involved in other cases as stated in Para 3 of the bail petition, the order will automatically lose its force.ratio¶21

Detailed headnote1 paragraphs

Pre-Arrest Bail — Grant — Offences punishable under Sections 85, 88 and 3(5) of the BNS in Agiaon Bazar P.S. Case No. 129 of 2024 (District Bhojpur) — F.I.R. alleged that the petitioner, father-in-law of the informant, assaulted her causing miscarriage — Counsel for the informant informed the Court that, on intervention of villagers and well-wishers, the matter was settled outside Court through community mediation and the informant (O.P. No.2) is now living happily in her matrimonial home — Held, the petitioner deserves pre-arrest bail — To be released in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions — District Court directed to verify criminal antecedents; if other involvements as stated in Para 3 of the bail petition are found, the order will automatically lose force — Application disposed of. (Purnendu Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15593 of 2026

Arising Out of PS. Case No.-129 Year-2024 Thana- AGIAON BAZAR District- Bhojpur

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

Kamlesh Kumar Ojha @ Kamlesh Ojha Son of Late Ram Kripal Ojha Resident of Village- Ghusiya Kala, P.S.- Bikramganj, District- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

Pratibha Kumari Wife of Ritesh Ojha Resident of Village- Ghusiya Kala, P.S.- Bikramganj, District- Rohtas. At present Pratibha Kumar, aged about 30 years, Female, Daughter of Ashok Kumar Upadhyay, Resident of VillageAngara, P.S.- Agiaon Bazar, District- Bhojpur at Ara

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party/s : Mr.Md. Fahimuddin, APP. For O.P. No.2 : Mr. Amrendra Kumar, Advocate. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

4 15-05-2026

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Agiaon Bazar P.S. Case No. 129 of 2024 registered for the offence punishable under Sections 85, 88 and 3(5) of the BNS.

As per the allegation made in the F.I.R., the petitioner who is the father-in-law of the informant, had assaulted the informant, due to which, the informant suffered miscarriage.

Mr. Amrendra Kumar, learned counsel appearing on behalf of the informant informs that with the intervention of the villagers and the well wishers of both the parties, the O.P. No.2 who is the daughter-in-law of the petitioner is now living

Patna High Court CR. MISC. No.15593 of 2026(4) dt.15-05-2026 2/2

happily in her matrimonial home.

Considering the above information and the fact that the matter has now been settled outside the Court by way of community mediation and good sense has prevailed between the parties, I find that the the petitioner who is the father-in-law of O.P. No.2 deserves to be released on pre-arrest bail.

The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhojpur, Ara in connection with Agiaon Bazar P.S. Case No. 129 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/- U