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Patna High CourtCR. MISC./24766/2025disposed

Raushan Kumar v. The State Of Bihar

2025-05-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24766 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Raushan Kumar S/O Sanoj Modi Resident of Village- Arma, P.S- Kajra, Distt.- Lakhisarai.

2.

Dilkhush Kumar S/O Sanoj Modi Resident of Village- Arma, P.S- Kajra, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 2, namely, Dilkhush Kumar as he has already been arrested, during pendency of the case.

2. Permission is granted.

3. This anticipatory bail application with regard to above named petitioner No. 2 is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioners and the State.

5. Petitioner No. 1 apprehends arrest in a case registered for the offence punishable under Section 80/3(5) of

Patna High Court CR. MISC. No.24766 of 2025(2) dt.05-05-2025 2/3 the Bharatiya Nyaya Sanhita.

6. Prosecution case, in brief, is that daughter of the informant was married to co-accused Guddu Kumar in the year 2018 and thereafter, it is alleged that all the F.I.R. named accused persons including this petitioner tortured and harassed the daughter of informant due to non-fulfillment of demand of dowry and subsequently, killed her.

7. Learned counsel for the petitioner submits that petitioner is brother-in-law of the deceased. Allegation against petitioner is general and omnibus and he is simply victim of over-implication. Petitioner is separate in mess and property and he is not concerned with family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody. Petitioner claims clean antecedent.

8. Learned A.P.P. for the State vehemently opposed the bail application.

9. Considering the fact that thrust of accusation is against husband of the deceased who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioner No. 1 in the event of his arrest/surrender before the court below within a period of eight weeks from

Patna High Court CR. MISC. No.24766 of 2025(2) dt.05-05-2025 3/3 today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Kajra P. S. Case No. 94 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T