Patna High Court
Roshan Kumar @ Raushan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 304B, 34
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
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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
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