Dismissed¶¶20

Bharat Prasad Kushwaha @ Bharat Prasad v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./45240/2026

Case brief

AI extract

What is this about?

Anticipatory bail dismissed as not maintainable; private complaint by daughter-in-law; cognizance under Section 85 BNS and Section 3/4 D.P. Act with summons; reliance on Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another (2026 SCC OnLine SC 676); direction to trial court to proceed upon surrender; Patna High Court CRIMINAL MISCELLANEOUS No.45240 of 2026, order dated 22-07-2026, Chandra Shekhar Jha, J.; East Champaran; PS Case No. 1484 of 2025.

What did the court decide?

The anticipatory bail petition is not maintainable and stands dismissed in view of the legal report of the Supreme Court in Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another [2026 SCC OnLine SC 676] ¶¶20

Bharat Prasad Kushwaha @ Bharat Prasad Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45240 of 2026

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Arising Out of PS. Case No.-1484 Year-2025 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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

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Bharat Prasad Kushwaha @ Bharat Prasad S/O Late Sita Ram Prasad

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Girija Devi W/O Bharat Prasad Kushwaha @ Bharat Prasad Both are Resident of Village- Inarwa Bhar, Ward No. 9, P.S.- Paharpur, District- East Champaran

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... ... Petitioners

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Versus

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The State of Bihar

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Nilu Kumari W/O Subodh Kumar, D/O Surendra Singh R/O Present Vill.Ujjain Lohiyar Tola Singaha, P.s.- Harisidhi, Dist.- East Champaran.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Informant/Opno.2 : Mr. Madhurendra Kumar, Advocate : Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 22-07-2026

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During the course of argument, it transpired that

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the prayer of anticipatory bail was preferred by the petitioners, in furtherance of private complaint filed by complainant namely, Nilu Kumari, who is daughter-in-law of petitioners, where the learned trial court took cognizance for the offences punishable under Section 85 of the BNS and Section ¾ of the D.P. Act and issued summon.

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Accordingly, in view of legal report of Hon’ble

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Supreme Court as available through Om Prakash

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Patna High Court CR. MISC. No.45240 of 2026(2) dt.22-07-2026 2/2

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Chhawnika @ Om Prakash Chabnika vs. State of

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Jharkhand and Another [2026 SCC OnLine SC 676] ,

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the present petition stands dismissed being not maintainable.

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If petitioners surrendered, learned trial court is directed to proceed with, in view of the observations as made by Hon’ble Supreme Court available through Om Prakash Chhawnika @ Om Prakash Chabnika vs. State

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of Jharkhand and Another [2026 SCC OnLine SC

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676].

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(Chandra Shekhar Jha, J.)

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Raushan/-

¶26

U T

Bharat Prasad Kushwaha @ Bharat Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bharat Prasad Kushwaha @ Bharat Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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