Raushan Kumar Singh @ Rawsan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29946 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== RAUSHAN KUMAR SINGH @ RAWSAN KUMAR SINGH S/o- Late Paras Singh R/o Village- Rewtith Gardha, P.S.- Baikunthpur, DistrictGopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Baikunthpur P.S. Case No. 111 of 2020 registered under sections 304 B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
As per allegation in the FIR, the daughter of the informant was married to the petitioner on 24.11.2019 and dowry was given in the marriage. It is stated that she was tortured and beaten up for demand of dowry. He received information on telephone asking him to take away his daughter but on reaching there he found her to be unconscious and on
Patna High Court CR. MISC. No.29946 of 2020(3) dt.04-01-2021 2/3 taking her to the government hospital, she was declared dead by doctor.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. It is submitted that from the inquest report it would transpire that the police did not find any injury whatsoever on the body of the deceased. Thus, the postmortem report which mentions about injuries, is directly contradictory to the inquest report and cannot be relied on. It is further submitted that from the FIR itself, it would transpire that the mother-in-law of the deceased was present at her home itself and the petitioner was also taken in custody on 14.5.2020 from his home, just a few days after the alleged occurrence. He was not absconding. The application for bail is opposed by learned APP for the State.
Heard learned counsel for the parties. In the postmortem report several injuries including fracture of ribs have been found on the body of the deceased and the cause of death is stated to be haemorrhage and shock due to injuries caused by hard and blunt object. Taking into consideration these facts as also the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner
Patna High Court CR. MISC. No.29946 of 2020(3) dt.04-01-2021 3/3 on bail and the same is rejected.
(Partha Sarthy, J) sushma/- U T