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Patna High CourtCR. MISC./39815/2022dismissed

Raushan Kumar@ Raushan Kumar Singh v. The State Of Bihar

2022-10-11Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39815 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- RUPASPUR District- Patna ====================================================== RAUSHAN KUMAR@ RAUSHAN KUMAR SINGH Son of Chandreshwar Singh @ Chandeshwar Prasad Singh Resident of Village - Kaliket Nagar Ward No.39, P.s.- Rupaspur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Senior Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-10-2022 Heard Mr. Ajay Kumar Thakur, learned Senior Counsel for the petitioner and Mr. Anand Kumar Tiwari, learned counsel for the informant as also learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Rupaspur P.S. Case No. 32 of 2022 for the offences under Sections 302/120B/34 and 306 of the Indian Penal Code. The allegation in the FIR against the petitioner who is the husband of the deceased is that although the marriage was solemnized in the year 2012, the lady was tortured demanding a dowry of Rs. 15 lakh failing which it was

Patna High Court CR. MISC. No.39815 of 2022(2) dt.11-10-2022 2/3 threatened that she will be thrown out of her in-laws' house. Later upon pressure from the informant's side, the lady was taken to Bangalore along with her husband (the petitioner herein). But there also, she was beaten regularly. This forced the informant to visit Bangalore and bring his daughter back to home. Later, the petitioner's father came to the informant's house, apologized and took away the deceased but immediately thereafter they got the information about the death of the lady.

Learned Senior Counsel submits that the matter was investigated and charge-sheet submitted under Section 306 of the IPC.

Learned counsel for the informant, on the other hand, submits that a bare perusal of the FIR would show that she was regularly tortured not only in Patna but also in Bangalore forcing her parents to bring her back home. The inlaws came and took away the lady but immediately thereafter she was allegedly killed.

Be that as it may, the petitioner being the husband of the deceased cannot exonerate himself from the responsibility and also the alleged death of his wife and that being so, this Court for the present is not inclined to grant him any relief and

Patna High Court CR. MISC. No.39815 of 2022(2) dt.11-10-2022 3/3 the bail application is accordingly rejected. (Rajiv Roy, J) ajaysingh/- U T