Diplesh Kumar @ Vakil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12662 of 2025 Arising Out of PS. Case No.-614 Year-2024 Thana- FATUA District- Patna ====================================================== Diplesh Kumar @ Vakil Kumar S/O Arvind Ray Resident Of VillageVikrampur, Police Station-Fatuha, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Fatuha P.S. Case No. 614 of 2024 instituted for the offences under Sections 80(2)/3(5) of the B.N.S., 2023.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in committing of murder of the Informant's sister due to nonfulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the brother-in-law (Dewar) of the deceased.
Patna High Court CR. MISC. No.12662 of 2025(2) dt.04-03-2025 2/3 He further submits that as a matter of fact, the deceased used Heater and, by mistake, she came in contact with the wire and died due to electrocution. Learned counsel for the petitioner further submits that the deceased and her husband had established their own mess and business since about two years and, as such, the petitioner has no concern with the family affairs of the deceased and her husband. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has never demanded any dowry from the deceased. The chargesheet has been submitted in this case. The husband of the petitioner has surrendered before the court below on 19.09.2024 and, since then, he is in custody. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.09.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.
6. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.12662 of 2025(2) dt.04-03-2025 3/3 and considering the entire facts and circumstances of the case, taking into account the period of custody of the petitioner, there being no direct allegation against the petitioner, the petitioner having no criminal antecedent as also the husband of the deceased being in custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Fatuha P.S. Case No. 614 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T