Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3900 of 2025 Arising Out of PS. Case No.-279 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Raushan Kumar S/o Sunil Kumar R/o Vill.- Berthu, P.S.- Tehta, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitish Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr. Nitish Kumar, learned counsel for the petitioner and Mr. Shantanu Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kako P.S. Case No. 279 of 2024, F.I.R. dated 07.10.2024 registered for the offences punishable under Section 80(2) of BNS Act.

3. Allegation against the petitioner is of committing dowry death of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the deceased died in Maika (paternal home) and after the death of the daughter of the informant, the informant has filed the present case only to harass the family

Patna High Court CR. MISC. No.3900 of 2025(2) dt.12-02-2025 2/3 members of the petitioner and the only allegation against the petitioner in the F.I.R. is that he along with other co-accused persons have demanded dowry amount from the family member of the deceased. He further submits that it appears from the F.I.R., the informant has stated that his daughter has committed suicide herself.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner having clean antecedent and the victim died in her paternal home and the only allegation against the petitioner that he along with other coaccused persons have demanded dowry, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 S.D.J.M., Jehanabad in connection with Kako P.S. Case No. 279 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

Patna High Court CR. MISC. No.3900 of 2025(2) dt.12-02-2025 3/3

(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 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) Ibrar//- U T