Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89406 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Rupesh Kumar Son of Late Satendra Raut Resident of village - Hussainpur, P.S.- Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with S.Tr. No. 983 of 2024 arising out of Rahui P.S. Case No.274 of 2024 registered for the offence punishable under Sections 302, 304(B) & 201/34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the daughter of the informant, namely Bibha Kumari (deceased) was married to the petitioner on 29.05.2024. It has further been alleged that she has been subjected to cruelty on non-fulfillment of dowry demand of cash of Rupees One Lakh. On 21.05.2024 one Umesh Raut (Mukhiya of Bind Panchayat) disclosed that the dead body of the deceased was lying in Rahui P.S. The informant came to know that she has been killed by her in-laws
Patna High Court CR. MISC. No.89406 of 2025(4) dt.25-03-2026 2/3 after throttling.
4. Learned counsel appearing on behalf of the petitioner has submitted that there was no demand of dowry. It has further been submitted that the learned counsel for the petitioner has filed a supplementary affidavit which will go to show that the deceased has fallen from some height and that is why the Doctor has opined that the deceased having swelling on both legs and both hand due to falling from height.
5. The application for bail is opposed by learned APP for the State. It has been submitted that from perusal of the postmortem report it will transpire that the deceased has following ante-mortem injruies :- "Cyanosis of face present. Multiple bruise blackish red in colour over anteriro neck, left clavicle, below right angle of mandible found.
Ligature mark horizontal in nature with multiple small bruise on both sides present in front of neck extending laterally on left side up to mid line of back of neck on the right side faint ligature mark presenmt extending from right sternocleidomastoid muscle up to back of neck posteriorly."
The Doctor conducting the autopsy of the deceased
Patna High Court CR. MISC. No.89406 of 2025(4) dt.25-03-2026 3/3 has opined that cause of death is asphyxia due to strangulation and throttling.
6. The defence which has been created by the learned counsel for the petitioner that the deceased has jumped from a height does not support the post-mortem report. Admittedly, petitioner is that husband.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage, however, he may renew his prayer for bail after six months if the trial is not concluded.
8. Learned trial court is directed to conclude the trial within the period as mentioned above.
(Ashok Kumar Pandey, J) durgesh/- U T