Created by Fuzzy Cloud

Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond, two sureties, and specific conditions.

Summary

Raushan Kumar, husband of Puja Kumari, was arrested on 22‑12‑2025 in connection with a case involving alleged dowry demand and assault, charged under several IPC sections (313, 341, 323, 498A, 504, 506, 34) and the Dowry Prohibition Act. He had earlier been granted anticipatory bail on the condition of paying a monthly amount to the informant, but he failed to comply with the payment orders despite their modification. The State and the informant opposed his bail application, arguing non‑compliance and further allegations of demanding Rs 5,00,000. The Court considered the nature of the allegations, the period of custody, and the petitioner’s failure to honour court orders, and nevertheless granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued subject to these conditions, and the Court directed that acceptance of the bond not be delayed for verification.

Issues considered

  • Whether bail should be granted to the petitioner despite his non‑compliance with earlier anticipatory bail payment conditions.
  • Whether the allegations of assault and dowry demand justify denial of bail.
  • Whether the Court can impose additional conditions relating to cooperation, presence, and verification of antecedents.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • dowry prohibition
  • domestic violence
  • IPC sections
  • non‑compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.22705 of 2026
                  Arising Out of PS. Case No.-795 Year-2023 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Raushan Kumar Son of Sonu Sah Resident of Village -Shivobahar PS-
                 Suryapura District -Rohtas

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Puja Kumari Wife of Raushan Kumar Resident of Village- Badhaiyabag
                 Takiya Ward no. 10, Post- Takiya Bazar, Ps- Sasaram Town, Dist- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party No. 2:   Mr. Uma Shankar, Advocate
                 For the State           :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                   Heard Mr. Ashwani Kumar Tiwary, learned counsel for

                   the petitioner, Mr. Uma Shankar, learned counsel for the Informant

                   and Mr. Nityanand, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   22.12.2025, in connection with Sasaram Nagar (T) P.S. Case No.

                   795 of 2023, F.I.R. dated 01.09.2023 registered for the offences

                   punishable under Sections 313, 341, 323, 498(A), 504, 506, 34 of

                   the Indian Penal Code and Section ¾ of the Dowry Prohibition

                   Act.

                                3. The petitioner is the husband of the Opposite Party

                   No. 2 and there is allegation of demand of dowry and torture.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been granted the privilege of anticipatory bail vide
Patna High Court CR. MISC. No.22705 of 2026(2) dt.07-04-2026
                                            2/3




          order dated 29.04.2025 passed in Cr. Misc. No. 34119 of 2024

          with the condition that the petitioner shall pay Rs. 2500/- per

          month to the Opposite Party No. 2 (informant) in the first week of

          every month but the petitioner has not complied the same and later

          on the petitioner has moved before this Court for modifying the

          order dated 29.04.2025 passed in Cr. Misc. No. 34119 of 2024 but

          the same has been mofified vide order dated 12.09.2025 passed in

          Cr. Misc. No. 64806 of 2025 to the extent that the petitioner shall

          pay Rs. 2,000/- per monthto the Opposite Party No. 2 but despite

          of that the petitioner has not paid any amount as yet and thereafter

          the petitioner has surrendered in the present case on 20.02.2025.

                       5. Learned counsel for the Informant as well as learned

          Additional Public Prosecutor for the State, on the other hand,

          vehemently opposed the prayer for                bail of the petitioner and

          submits that the petitioner has not honoured the order of this Court

          and part from that the allegation against the petitioner that he

          assaulted to the informant and apart from that the petitioner has

          demanded Rs. 5,00,000/- (Five Lakh) from the family members of

          the Opposite Party No. 2.

                       6. Considering the nature of allegation as well as period

          of custody, let the petitioner, above named, 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 learned
               Patna High Court CR. MISC. No.22705 of 2026(2) dt.07-04-2026
                                                           3/3




                         Chief Judicial Magistrate, Sasaram, District- Rohtas in connection

                         with Sasaram Nagar (T) P.S. Case No. 795 of 2023, subject to the

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.