Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17542 of 2025 Arising Out of PS. Case No.-547 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Vikky Kumar S/O Anil Mistri @ Anil Kumar Vishwkarma R/O Village - Goga, Police Station - Mufassil, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adil Abbas, Adv.

For the State :

Mr.Nand Kishore Prasad, APP For the informant :

Mr. Rajesh Kr. Mishra, Adv.

Mr. Basant Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-05-2025 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Gaya Muffassil P.S. Case No. 547 of 2024, registered for the offences punishable under Sections 302, 328, 120B and 34 of the IPC, 1860 which corresponds to Section 103, 123, 61(1) and 3(5) of the BNSS.

3. The informant is brother of the deceased. According to the FIR, the marriage of the informant's sister was solemnized with the petitioner in the year 2014. On 25.06.2024 at 12:00 A.M., Uttam Kumar, the brother of the petitioner, informed the informant that his sister had died. The informant went there and saw the dead body of his sister. In the same night

Patna High Court CR. MISC. No.17542 of 2025(3) dt.13-05-2025 2/3 of the occurrence, the deceased had a conversation with her mother on mobile and in that course, she apprised her mother that the petitioner had a relationship with another girl and for that, she had apprehension that the petitioner and his brother Gautam Kumar may eliminate her.

4. The learned counsel for the petitioner has submitted that the petitioner is admittedly the husband of the deceased. The occurrence has taken place after 10 years of marriage. There is no allegation of torture before the death of the deceased and none had seen the occurrence.

5. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail and submitted that the brother and mother of the petitioner themselves have supported the occurrence in paragraph nos. 8 and 9 of the case diary and they have stated that the petitioner had relations with a girl namely Punam Kumari and he administered some poisonous substance to the deceased. He has also submitted that the statements of the brother and mother of the petitioner are supported by his selfinculpatory confessional statement recorded in paragraph no. 11.

6. The petitioner's brother and mother themselves have stated during the course of investigation that the petitioner

Patna High Court CR. MISC. No.17542 of 2025(3) dt.13-05-2025 3/3 had illicit relations with a girl and that he administered poisonous substance to the deceased.

7. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/- U T