Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13458 of 2026 Arising Out of PS. Case No.-298 Year-2025 Thana- AMNAUR District- Saran ====================================================== Raju Kumar S/O Birendra Rai R/O Village- Khaspattee, P.S- Amnour, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alka Panday, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Amnour P.S. Case No. 298 of 2025, registered for the offence under Sections 80 (1), 103(1) and 3(5) of the B.N.S.
3. As per the prosecution case, the marriage of the deceased and the petitioner was performed in the year 2017, and three children were born out of their wedlock. The allegation against the petitioner is that he demanded dowry and subjected his wife to torture for non-fulfillment of the same, and subsequently caused her death by burning. It has been further alleged that on 30.08.2025, the informant received telephonic information that his daughter had sustained burn injuries and
2/4 was being treated at Patna. Upon receiving such information, the informant, along with family members, reached the hospital, where he found his daughter badly injured due to burn injuries. Upon enquiry, it transpired that on 29.08.2025 at about 10:00 P.M., the petitioner, along with other co-accused persons, had burnt his daughter after sprinkling kerosene oil on her, and she died during the course of treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It has further been submitted that the fardbeyan of the informant was recorded on 31.08.2025 in the hospital, but the informant claims that he had received telephonic information about the deceased having sustained burn injuries and being admitted to the hospital, the informant was present in the hospital but no fardbeyan/written report was lodged at that time. It is further submitted that only after the death of the deceased, the present fardbeyan was given, which formed the basis of the present FIR.
5. Learned counsel for the petitioner submits that, after thorough investigation, the police have submitted chargesheet under Section 108 of the BNS and not under Section 80(1) or Section 103(1) of the BNS. Learned counsel for the petitioner
3/4 has drawn the attention of this Court to paragraph 52 of the case diary, wherein the statement of the treating doctor of the deceased has been recorded, it is stated therein that the deceased had sustained 90% burn injuries, and the doctor had made all efforts to save her life. It is further stated that treatment was initiated at the behest of the husband as well as the father (the informant) of the deceased, and that the documents relating to the treatment were handed over to the family members. The doctor has further stated that the petitioner had also sustained burn injuries on both of his hands and was treated for the same. It has also been submitted that two minor children were born out of the wedlock, and there is no one to look after them. Lastly, it has been submitted that the petitioner has a clean criminal antecedent and has been in custody since 08.11.2025.
6. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid submissions of the parties and taking into account the facts and circumstance of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran, in connection with Amnour P.S.
4/4 Case No. 298 of 2025.
8. The application stands allowed.
(Praveen Kumar, J) Jyoti/- U T