Patna High CourtCR. MISC./31385/2025bail rejected

Raushan Sahani @ Raushan Kumar v. The State Of Bihar

2025-07-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31385 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Raushan Sahani @ Raushan Kumar S/o- Lal Babu Sahani Village- Dhubouli Sube PS- Gaighat District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Gaighat P.S. Case No. 285 of 2024, lodged on 21.11.2024, under Sections 80/3(5) of B.N.S. 2023 and under Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution dowry death is there in the F.I.R.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is the unfortunate husband. Counsel

Patna High Court CR. MISC. No.31385 of 2025(3) dt.23-07-2025 2/2 submits that in the post mortem report the cause is inserted as asphyxia. He submits that on the previous occasion case-diary and post mortem report were called for.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case-diary and post mortem report have been called for.

6. Upon perusal of the rejection order, post mortem report and case-diary, it transpires to this Court that there is external injury on the neck of the deceased i.e., 6" x 3/4". The inquest report is not visible, but the Sessions Judge at the time of passing rejection order has perused the inquest report and observed the adverse finding.

7. In this background, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of petitioner is hereby refused. (Dr. Anshuman, J) Mkr./- U T