Created by Fuzzy Cloud

Patna High Court

Roshan Kumar @ Raushan ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and conditions.

Summary

The petitioner, Roshan Kumar, was arrested in connection with a dowry death case (Gurua P.S. Case No. 15 of 2024) alleged under Sections 304B and 34 of the Indian Penal Code. The prosecution alleged that he and co‑accused tortured the informant’s daughter, who later set herself on fire and died. The petitioner’s counsel argued that the key witnesses, including the father of the deceased, did not support the prosecution and that the father testified the daughter’s death was self‑inflicted. The petitioner was described as having a clean antecedent and had been in custody since 28‑07‑2025. Considering the lack of corroborative evidence and the petitioner’s background, the court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner cooperate with the trial and remain available as required.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case punishable under Sections 304B and 34 IPC.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC 304B
  • common intention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79065 of 2025
                         Arising Out of PS. Case No.-15 Year-2024 Thana- GURUA District- Gaya
                 ======================================================
                 Roshan Kumar @ Raushan Thakur Son of Raju Thakur Resident of Village-
                 Manpur Gandhi Nagar, P.S.- Mufassil, District- Gaya         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar
                 For the Opposite Party/s :       Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   09-01-2026                  Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Gurua P.S. Case No. 15 of 2024, registered for the offences

                   punishable under Sections 304(B)/34 of the Indian Penal Code.

                                3. As per allegation, the petitioner along with other co-

                   accused persons used to physically and mentally torture the

                   informant’s daughter, Kanchan Kumari for dowry. On 10.12.2023,

                   the informant’s daughter died after pouring kerosene oil over her

                   body and set herself into fire.

                                4. The learned counsel for the petitioner has submitted

                   that the witnesses, including the father of the deceased, did not

                   support the prosecution case. Her father, the informant, in his

                   deposition has stated that there were cordial relations between

                   the husband and wife. He further stated that his daughter set

                   herself on fire and to save her life, she was shifted to the
           Patna High Court CR. MISC. No.79065 of 2025(3) dt.09-01-2026
                                                       2/2




                     hospital, but she died. He has further submitted that the

                     petitioner is a person of clean antecedent and has been in

                     custody since 28.07.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     District & Addl. Sessions Judge-Ist, Sherghati, Gaya in connection

                     with Gurua P.S. Case No. 15 of 2024, subject to the following

                     conditions that the petitioner shall cooperate in the disposal of

                     trial and make himself available as and when required by the

                     court.

                                  7. The petitioner shall cooperate in the disposal of

                     trial and make himself available on each and every date till

                     conclusion of the trial.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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