Patna High Court
RAUSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 3(5), 80
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.
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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.
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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
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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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