Dismissed

Raushan Bhagat @ Raushan Kumar Bhagat v. The State of Bihar

Patna HC17 Feb 2022CR. MISC./30989/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court rejected the application for anticipatory bail filed by the husband, holding that the nature of the accusation involving dowry death within one year of marriage precluded its grant.

What did the court decide?

The prayer for anticipatory bail is rejected. The petitioner is directed to surrender before the court below.

Raushan Bhagat @ Raushan Kumar Bhagat Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30989 of 2021

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Arising Out of PS. Case No.-112 Year-2020 Thana- MAHILA P.S. District- Araria

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====================================================== RAUSHAN BHAGAT @ RAUSHAN KUMAR BHAGAT S/O RAJ KUMAR BHAGAT AT BHARGAMA, P.S.-BHARGAMA, DISTRICTARARIA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Madhaw Jha For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 17-02-2022

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Heard the learned counsel for the petitioner and

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the learned APP for the State.

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The petitioner, who is the husband of the deceased seeks bail in anticipation of his arrest in connection with Araria Mahila P.S. Case No. 112/2020 instituted for the offences under Sections 498(A)/ 341/ 504/ 307/ 304(B)/ 302/34 of the Indian Penal Code.

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The accusation in the First Information Report is that because of the deceased having given birth to a girl child, she was subjected to torture and ultimately she was

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Patna High Court CR. MISC. No.30989 of 2021(3) dt.17-02-2022 2/3

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killed by putting her on fire.

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The learned counsel for the petitioner has submitted that the accusation is absolutely false. The F.I.R. in the first part disclosed that the relationship between the spouses was cordial. The deceased perhaps destroyed her own life. She was afforded all possible medical treatment but unfortunately, she succumbed to her burn injuries. It has also been submitted that because of the death of the deceased, the family ties got snapped and thereafter this false case, on the instigation of somebody else, has been filed by the informant.

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Be that as it may, considering the nature of accusation in the subject F.I.R. and the fact that the death of the deceased took place within one year of her marriage, I am not inclined to grant anticipatory bail to the petitioner.

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The prayer for anticipatory bail of the petitioner is rejected.

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Should the petitioner surrender before the court below and seek bail, all the above-noted grounds shall be taken into account and an order shall be passed without

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Patna High Court CR. MISC. No.30989 of 2021(3) dt.17-02-2022 3/3

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being prejudiced by the fact that the present petition on his

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behalf has not bee entertained.

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(Ashutosh Kumar, J)

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sunilkumar/-

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U T

Raushan Bhagat @ Raushan Kumar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raushan Bhagat @ Raushan Kumar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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