IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19957 of 2010
RAUSHAN KUMAR
Versus
STATE OF BIHAR
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2 24.06.2010 Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing
on behalf of the State.
The petitioner is in custody in
connection with Hisua P.S. No. 115 of 2009 for
offences punishable under Sections 304(B)/201
of the Indian Penal Code.
The petitioner is the elder brother of the
husband of the deceased.
Learned counsel with reference to the
allegations as set out in the F.I.R. submits
that there is no averments against this
petitioner regarding demand of dowry and in
which event no case under Section 304B is made
out against the present petitioner. Learned
counsel further submits that the petitioner who
is the bother of the husband of the deceased
engaged in a small time business at Kolkata
where he lives along with his wife and children
and had come to his village home to participate
in the Shradh of the deceased and whereupon he
has been roped in the present case. He further
2
submits that though the occurrence is said to
have taken place on 20.8.2009 but the F.I.R.
have been instituted after a lapse of three
days on 23.8.2009. He further submits that the
deceased in fact had fallen down from the roof
which resulted in her death. It has further
submitted that the marriage between the younger
brother of the petitioner and the deceased had
taken place 5 years back which further shows
that the allegation attributed is not correct.
Having regard to the circumstances
aforesaid, let the petitioner namely, Raushan
Kumar be released on bail on furnishing bail
bonds of Rs. 10,000/- with two sureties of the
like amount to the satisfaction of learned
Chief Judicial Magistrate, Nawada in connection
with Hisua P.S. case No. 115 of 2009.
Bibhash ( Jyoti Saran, J.)