Bharat Prasad Kushwaha @ Bharat Prasad v. The State of Bihar
CR. MISC./45240/2026 · 2026-07-22
Chandra Shekhar Jha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26813 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26813 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45240 of 2026 Arising Out of PS. Case No.-1484 Year-2025 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================
1. Bharat Prasad Kushwaha @ Bharat Prasad S/O Late Sita Ram Prasad
2. 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 ... ... Petitioners Versus
1. The State of Bihar
2. Nilu Kumari W/O Subodh Kumar, D/O Surendra Singh R/O Present Vill.- Ujjain Lohiyar Tola Singaha, P.s.- Harisidhi, Dist.- East Champaran. ... ... Opposite Parties ====================================================== 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 2 22-07-2026 During the course of argument, it transpired that 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.
2. Accordingly, in view of legal report of Hon’ble Supreme Court as available through Om Prakash
Patna High Court CR. MISC. No.45240 of 2026(2) dt.22-07-2026 2/2 Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another [2026 SCC OnLine SC 676], the present petition stands dismissed being not maintainable.
3. 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 of Jharkhand and Another [2026 SCC OnLine SC 676].
Raushan/- (Chandra Shekhar Jha, J.) U T