Vikash Kumar @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21007 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- TARAIYA District- Saran ====================================================== Vikash Kumar @ Pintu Kumar SON OF Rabindra Manjhi RESIDENT OF VILLAGE- TARAIYA, PS- TARAIYA, DIST- SARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar, Advocate For the Opposite Party/s :
Mr.Parmanand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Taraiya P.S. Case No. 246 of 2023 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
3. As per prosecution case, petitioner and others are said to have committed the murder of informant's sister for non-fulfillment of demand of dowry. It is alleged that on 25.07.2023, villagers of Taraiya informed the informant that petitioner and others have killed his sister.
4. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner regarding demand of dowry. He further submits that the victim was not
Patna High Court CR. MISC. No.21007 of 2024(6) dt.06-09-2024 2/3 subjected to torture for or in connection with demand of dowry. He further submits that F.I.R. was lodged on 31.07.2023, though, informant's sister died on 25.07.2023 and it has been submitted that dead body of the informant's sister was cremated in the presence of informant and family members. He further submits that petitioner being a husband of deceased, has falsely been implicated in the present case. Petitioner is in custody since 08.08.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that only one prosecution witness has been examined and the trial is not likely to be concluded in near future.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 260 dated 20.08.2024 has sent its report which reveals that one prosecution witness has been examined.
7. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, trial is not likely to be concluded in the near future, argument advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.21007 of 2024(6) dt.06-09-2024 3/3 consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Chapra, Saran in connection with Taraiya P.S. Case No. 246 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) alok/- U T