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Patna High Court

RAUSHAN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and compliance with the stipulated terms.

Summary

Raushan Kumar was arrested in connection with a dowry‑related murder case (PS Case No 100 of 2025) under Sections 80 and 3(5) of the B.N.S. He applied for bail, claiming a clean criminal record and that he was falsely implicated as the husband of the deceased. The prosecution opposed bail, noting that the trial had commenced and witnesses had been examined. The court observed that co‑accused persons had been granted anticipatory bail and that the petitioner’s antecedents were clean. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation with the trial and non‑tampering with evidence. The bail order was directed to be implemented without delay for verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the dowry‑death charge under Sections 80 and 3(5) of the B.N.S.
  • Whether the petitioner’s clean antecedent and the grant of anticipatory bail to co‑accused justify bail in his case.

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • anticipatory bail
  • criminal procedure
  • Section 80
  • Section 3(5)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76768 of 2025
                       Arising Out of PS. Case No.-100 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 RAUSHAN KUMAR S/O LAKSHMAN SINGH R/o Village- Enwan, P.S-
                 Kako, Dist- Jehanabad (Bihar)
                                                               ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumeet Kumar Singh, Advocate
                                                  Mrs. Alka Singh, Advocate
                                                  Ms. Deepali Singh, Advocate
                                                  Mr. Amrendra Kumar Advocate
                                                  Mr. Anmol Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 For the Informant        :       Mr. Yogendra Kumar Singh, Advocate
                                                  Mr. Ratneshwar Prasad, Advocate
                                                  Mr. Manoj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                   Heard Mr. Sumeet Kumar Singh, learned counsel for

                   the petitioner, Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State and Mr. Yogendra Kumar Singh, learned

                   counsel for the informant.

                                 2. The petitioner seeks bail, who is in custody since

                   20.06.2025 in connection with Kako P.S. Case No. 100 of 2025,

                   F.I.R. dated 18.04.2025 for the offences punishable under

                   Sections 80 and 3(5) of the B.N.S.

                                 3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have assaulted and murdered

                   the informant’s daughter due to non-fulfillment of demand of

                   Rs. 5,00,000/- as dowry.
Patna High Court CR. MISC. No.76768 of 2025(3) dt.21-01-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case merely on the ground that he

          being the husband of the deceased. From bare perusal of F.I.R.,

          it appears that the F.I.R. has been instituted on 18.04.2025 but

          before lodging of the F.I.R., the inquest report was prepared at

          3:30 P.M. and thereafter the postmortem was conducted on

          17.04.2025 at 9:40 P.M. and thereafter the F.I.R. was instituted

          on 18.04.2025 at 8:35 A.M. and the informant has participated

          in last rites of the deceased and he has filed the present case

          only to falsely implicate the petitioner. From bare perusal of

          F.I.R. it appears that the petitioner is named in the F.I.R. but

          there is no specific allegation of any assault or overt act against

          him and a similar set of allegation, co-accused namely, Priyanka

          Devi, Lakshman Kumar and Pravinda Devi who happens to be

          father-in-law, mother-in-law and other family of the deceased

          member have been granted privilege of anticipatory bail by a

          coordinate Bench of this Hon’ble Court vide order dated

          23.07.2025 passed in Cr. Misc. No. 40513 of 2025. He further

          submits      that    the    police      after    investigation,   submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 20.06.2025.
Patna High Court CR. MISC. No.76768 of 2025(3) dt.21-01-2026
                                            3/4




                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner and fairly submits that trial has began and out of

          ten charge-sheeted witnesses, two witnesses have been

          examined.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and similarly situated co-accused

          persons have been granted privilege of anticipatory bail, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned S.D.J.M.,

          Jehanabad in connection with Kako P.S. Case No. 100 of 2025,

          with the following conditions:

                       i. 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/her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

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

          for cancellation of bail.

                       iii. And further condition that the court below shall
            Patna High Court CR. MISC. No.76768 of 2025(3) dt.21-01-2026
                                                        4/4




                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, 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)

Ranjeet/-

U      T


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