IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19957 of 2010 RAUSHAN KUMAR Versus STATE OF BIHAR ----------- 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.)