Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19296 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -MALSALAMI District- PATNA ====================================================== Vikky Kumar age 28 years S/o late Srawan Sao, resident of MohallaBhaishani, Tola, P.S- Malsalami, Distt- Patna. .... .... Petitioner/s

Versus

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

For the State : Mr. C. Jawahor, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of torturing and killing daughter of the informant on account of non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that he is in custody since 24.6.2015. He has got no criminal antecedent. Chargesheet has been submitted in the present case. There is no allegation of tampering with the evidence. Petitioner has falsely been implicated in the present case. From perusal of paras-27, 28, 39 and 40 of the case diary it is evident that the deceased had committed suicide.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. and he is husband of the deceased but the independent witnesses have not supported the prosecution case. Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.19296 of 2016 (3) dt.26-05-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII, Patna City, in connection with Malsalami P.S. Case no. 120 of 2015 (S.T. no. 886 of 2015).

(Sudhir Singh, J) sudip/- U T