Patna High Court
Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 80
- Code of Criminal Procedure — s. 438(2)
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
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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
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(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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