Vikas Choudhary @ Vikas Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11941 of 2025 Arising out of PS. Case No.-49 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Vikas Choudhary @ Vikas Mallah Son of Sri Surendra Choudhary VillageNarhan Ps- Ramgarh Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with S.Tr. No. 188 of 2024 arising out of Ramgarh P.S. Case No. 49 of 2024 instituted for the offences under Section 304B of the Indian Penal Code. He has no criminal antecedent.

3. The prosecution case is to the effect that the daughter of the informant namely Manju Devi got married to Vikas Choudhary and, thereafter, it has been alleged that the inlaws has tortured her mentally and physically and, subsequently, on 20.02.2024, the informant came to know that the dead body of the wife of the petitioner was recovered from the house by Ramgarh Police officials.

4. It is submitted by learned counsel for the petitioner

2/4 that petitioner has falsely been implicated in this case and during course of investigation various witnesses have been examined and they have stated that due to some differences between the husband and wife, the wife of the petitioner has committed suicide. The learned counsel has pointed out from the post-mortem that the cause of death is asphyxia due to hanging. It is also submitted by learned counsel for the petitioner that the petitioner has clean antecedent and is in custody since 11.03.2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that there is specific allegation against the petitioner that the deceased was being tortured mentally and physically by the petitioner and others.

6. Considering the aforesaid submissions of learned counsels and taking into account that during course of investigation it has come that there was some dispute between the husband and his wife resulting in suicide being committed by the wife of the petitioner as well as taking into consideration that the petitioner is in custody since 11.03.2024, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two

3/4 sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Kaimur at Bhabhua in connection with Sessions Trial No. 188 of 2024 arising out of Ramgarh P.S. Case No. 49 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be de-

4/4 layed for purpose of the same or in the name of verification.

(Sourendra Pandey, J) Vikash/- U T