Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46869 of 2025 Arising Out of PS. Case No.-242 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Raushan Kumar S/o Mukendra Prasad @ Mukendra Singh Resident of Village- Mayabigha, P.S.- Masuarhi, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2025 Heard Mr. Anil Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Masaurhi P.S. Case No. 242 of 2023 registered for the offence punishable under Sections 304B, 201 and 120B/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner along with other family members for non-fulfillment of demand of dowry has committed murder of the sister of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner deserves to be released on bail on the ground that at no point of time before the alleged

Patna High Court CR. MISC. No.46869 of 2025(2) dt.30-07-2025 2/3 commission of offence, any case relating to demand of dowry was lodged before any court of law nor any complaint was made, petitioner is younger brother of the husband of the deceased and he is the one who had given information to the brother of the deceased, petitioner is aged about 20 years and other co-accused have already been released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the fact that at no point of time any allegation was made against the petitioner that he along with the family members has committed murder of the deceased for non fulfillment of demand of dowry, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 242 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.46869 of 2025(2) dt.30-07-2025 3/3 3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T