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Patna High Court

Babul Kumar @ Rakesh RoshanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Babul Kumar, was arrested in connection with a dowry‑death case (Singheshwar P.S. Case No. 236 of 2025) alleging cruelty, dowry demand, murder and attempted electrocution of Gunjan Kumari. The prosecution contended that the petitioner, along with the deceased's husband and in‑laws, participated in the crime, charging him under Sections 126(2), 352, 351(2), 80 and 3(5) of the B.N.S., 2023. The petitioner pleaded innocence, claiming he was merely a middleman who arranged the marriage and that the husband had already been granted bail. He had been in judicial custody since 7 July 2025 and sought bail, which the State opposed. After hearing both sides, the Court found the petitioner's circumstances warranted bail and ordered his release on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioner under the charges of dowry‑death and related offences.

Legislation cited

Subjects

  • bail
  • dowry death
  • cruelty
  • murder
  • criminal procedure
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19153 of 2026
                  Arising Out of PS. Case No.-236 Year-2025 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
                 Babul Kumar @ Rakesh Roshan S/o Upendra Yadav @ Upendra Prasad
                 Yadav R/o vill - Kamaljari, P.S.- Gamharia, Distt.- Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dinesh Prasad Verma, Advocate
                 For the Opposite Party/s :      Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Singheshwar P.S. Case No. 236 of 2025 registered for the

                   offence punishable under Sections 126(2), 352, 351(2), 80, 3(5)

                   of the B.N.S., 2023.

                                3. The case of the prosecution, in short, is that Gunjan

                   Kumari (deceased) was married to one Shekhar Yadav. It is

                   further alleged that she was subjected to cruelty on account of

                   non-fulfillment of dowry demand of two katha of land and five

                   lakhs of rupees in cash. It is further alleged that her husband

                   along with other in-laws has subjected her to cruelty and has

                   killed her. They have also tried to electrocute her.

                                4. Learned counsel appearing on behalf of the
            Patna High Court CR. MISC. No.19153 of 2026(2) dt.10-04-2026
                                                        2/2




                      petitioner has submitted that petitioner is innocent and has

                      committed no offence. He has been falsely implicated in this

                      case. He also submits that the petitioner is only a middleman

                      and he has fixed the marriage of the deceased with one Shekhar

                      Yadav. Learned counsel has submitted that Shekhar Yadav who

                      is husband of the deceased has already been granted bail by this

                      Court vide Cr. Misc. No. 1505 of 2026. The case of this

                      petitioner stands on better footing. Moreover, he is languishing

                      in judicial custody since 07.07.2025.

                                   5. The application for bail is vehemently opposed by

                      learned APP for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned ADJ.

                      IIIrd, Madhepura in connection with Singheshwar P.S. Case No.

                      236 of 2025.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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