Vicky Kumar @ Vickey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17612 of 2024 Arising Out of PS. Case No.-537 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Vicky Kumar @ Vickey Kumar Son Of Surendra Prasad Singh Resident Of Village/Mohalla-Butanbari, Sahebganj, Police Station-Chapra Town, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chapra Town P.S. Case No. 537 of 2022 dated 20.08.2022, instituted for the offence punishable under Sections 304(b)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant alleged that her daughter Guriya Kumari had solemnized love marriage with co-accused Vishal Kumar in the year 2018, which was being opposed by her in-laws and family members. After marriage, the accused persons started demanding Rs. 2 lakhs and a motorcycle and for that they used to torture her in various ways including assault regarding which her daughter had been

Patna High Court CR. MISC. No.17612 of 2024(2) dt.19-03-2024 2/3 informing her several times. Lastly on 19.08.2022, the informant came to know that the accused persons had killed her daughter by pressing her chest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is the younger brother of the husband of the deceased. Learned counsel further submitted that F.I.R. has been lodged against five accused persons including the petitioner. It is submitted that father inlaw and mother in-law as well as Nanad of the deceased have been granted bail vide order dated 22.11.2023 passed by a Coordinate Bench of this Court in Criminal Miscellaneous No. 70802 of 2023. It is further stated that according to inquest report there was no sign of injury on the body of deceased and she died due to illness and both the informant and her son had put their signature on the inquest report. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.17612 of 2024(2) dt.19-03-2024 3/3 six weeks from today, in connection with Chapra Town P.S. Case No. 537 of 2022, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T