Patna High CourtCR. MISC./18541/2025bail rejected

Vishal Kumar Ram v. The State Of Bihar

2025-08-05Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18541 of 2025 Arising Out of PS. Case No.-377 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== Vishal Kumar Ram, Male, aged about 23 years, Son of Pappu Ram, Resident of Vill - Sono, P.S. - Sono, Distt.- Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 377 of 2024 dated 09.09.2024 registered for the offences punishable under Section 103(1) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, on 08.09.2024, on the mobile number of the informant Nitish Kumar, Gurudev HOD of BPT informed that Nayara Kumari has committed suicide, thereafter, the informant informed this matter to her brother Swami Sahjanand and thereafter Neha Kumari made a call to Pritam Kumar and stated that Nayara has committed suicide at Mahila Hostel, Gurudev Para Medical College, Bahadurpur,

2/4 Patna, and is presently admitted at P.M.C.H., Emergency Ward120. Thereafter, her brother Sahajanand sent Piyush Kumar to see Nayara Kumari but the HOD Nitish Kumar of Gurudev Para Medical College did not allow him to see her but after request, he was allowed to see the body of Nayara, and at once Nitish Kumar and other students fled away leaving behind the dead body of Nayara. It is further alleged that the informant came to know that the Manager, Organizer and other students associates who fled away from there have made the prominent role in concealing the evidence in committing the offence.

3/4 she has every faith that her daughter's smiling face, yellow coloured body wearing Half T. Shirt, Half Pant and injuries on both the fingers of the both legs and the sign of lace at the left side of the neck shows that her daughter was subjected to mental and physical cruelty and thereafter she has been killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner is not named in the F.I.R. and he has been arrested by the police during the course of investigation only on the basis of suspicion and traced out of the mobile of the petitioner and on the basis of his confessional statement made before the police which has got no evidentiary value in the eyes of law. The charge sheet has been submitted in the present case against the petitioner under Section 103 read with Section 3(5) of the B.N.S., 2023. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. The informant is not an eye witness to the alleged offence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 18.11.2024.

5. Learned A.P.P. for the State has vehemently opposed

4/4 the prayer for bail petition of the petitioner and has submitted that although the petitioner is not named in the F.I.R., but the petitioner has confessed in his confessional statement that there was love affair between the petitioner and the deceased and due to some dispute arose between them, the deceased has committed suicide. The statements of several witnesses, Sujanti Kumari, Rakhi Kumari, Neha Kumari, Bipin Sharma, Vivek Bharti, Komal Kumari and Ashok Kumar have been recorded under Section 180 of the B.N.S., 2023 and they have fully supported the prosecution case. The doctor has conducted postmortem of the deceased and has opined the cause of death-'opinion reserved'.

6. Considering the aforesaid facts and circumstances of the case as well as the accusation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bahadurpur P.S. Case No. 377 of 2024, pending in the court of learned Judicial Magistrate-Ist Class, Patna City.

7. The application stands rejected.

U.K./- (Chandra Prakash Singh, J) U T