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Patna High Court

Roushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the death was explainable as natural, the FIR was not convincing, and therefore granted bail to the petitioner.

Summary

The petitioner, Roushan Kumar, was named in an FIR under Section 80 read with 3(5) of the Bhartiya Nyaya Sanhita for the death of the informant's daughter, who allegedly died after being assaulted. The petitioner’s counsel argued that the death was due to natural causes following a cesarean operation, with no toxicological evidence of foul play, and that the alleged dowry demand was vague. The Additional Public Prosecutor could not refute the medical explanations offered. The court examined the factual submissions and found the FIR unconvincing in light of the natural death theory. Consequently, the court ordered the petitioner’s release on bail, subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the FIR under Section 80 of the Bhartiya Nyaya Sanhita is maintainable given the alleged natural cause of death.
  • Whether the petitioner is entitled to bail under Section 438 of the Code of Criminal Procedure.

Legislation cited

Subjects

  • bail
  • dowry death
  • natural death
  • FIR
  • Section 80 B.N.S.
  • Criminal Procedure
  • medical evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.107 of 2026
                    Arising Out of PS. Case No.-300 Year-2024 Thana- KASIMBAZAR District- Munger
                 ======================================================
                 Roushan Kumar, S/o Basudeo Singh, R/o Village/Muhalla- Argarha Road
                 Kasim Bazar, Lallu Pokhar, P.S.- Kasim Bazar, District - Munger
                                                                                  ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Sanjiv Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Kasim Bazar P.S.

                   Case No.300 of 2024 registered under Sections 80 read with

                   3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                 3. As per FIR, the daughter of informant, who was

                   assaulted by petitioner (husband) and his family members on

                   18.10.2024 due to which, she received injuries in her

                   stomach out of which, she died during course of treatment.

                                 4. It is submitted by learned counsel appearing for

                   petitioner       that       admittedly   three     months      before      the
Patna High Court CR. MISC. No.107 of 2026(2) dt.12-02-2026
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          occurrence, the daughter of informant gave birth to a male

          baby through cesarean. It is pointed out that the deceased

          was suffering from different health related issues pre and post

          cesarean operations and when on one such occasion, she

          developed pain, she fail down to the ground in which she

          received a minor injury on her lip whereafter she was brought

          to nearby hospital, where she died during the course of

          treatment. It is submitted that upon postmortem, cause of

          death was not ascertained by doctor and even upon preserved

          visera examination, no poison or any incriminating material

          could ascertained. It is submitted that all such factual aspects

          are properly explaining the cause of death of the daughter of

          informant which also appears supported by informant himself

          to the extent that prior to three months of occurrence, a

          major operation was done on deceased daughter in

          connection with delivery and she died in hospital during

          treatment.

                       5. Arguing further, it is submitted that even the

          dowry demand as alleged to be raised for cash of Rs.5 lakhs

          appears very much general and omnibus in nature. It is
Patna High Court CR. MISC. No.107 of 2026(2) dt.12-02-2026
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          pointed out that as the death of the daughter of informant is

          properly explained qua her natural death, the FIR as lodged

          for the offence under Section 80 of the BNS appears not

          convincing.

                       6.    Learned APP while opposing the prayer of bail

          submitted that the petitioner is the husband. However, he

          could not dispute the post complexities arising out of cesarean

          delivery, as discussed aforesaid.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as prima facie petitioner being husband

          appears to explain the death of deceased daughter of

          informant, which also appears supported to the extent by FIR

          itself, accordingly, the petitioner, above-named, in the event

          of his arrest or surrender in the court below within a period of

          four weeks from today, is directed to be released on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned C.J.M., Munger in connection with Kasim Bazar

          P.S. Case No.300 of 2024, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure
          Patna High Court CR. MISC. No.107 of 2026(2) dt.12-02-2026
                                                      4/4




                    (in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                    Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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