Vikram Choudhary @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19045 of 2026 Arising Out of PS. Case No.-85 Year-2024 Thana- Bhawanipur District- Bhagalpur ====================================================== Vikram Choudhary @ Vikram Kumar Son of Hiran Chaudhary, Resident of Village- Birbanna, P.S.- Bhawanipur, Dist.- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with STR No. 860 of 2024, arising out of Bhawanipur P.S. Case No. 85 of 2024 dated 11.06.2024, registered for the offences punishable under Sections 304B and 120B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, niece of the informant has been married with the petitioner in the year 2023. The informant has alleged that petitioner and his other family members had been demanding rupees four lakhs as dowry and when this demand was not met, the petitioner and other coaccused persons killed he pregnant niece.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

2/4 been implicated in the present case. No occurrence in the manner as alleged has ever taken place. It is surprising that parents of the deceased did not lodge any case against the petitioner and his family members, rather it is the twenty year old maternal uncle of the deceased who has come forward and lodged this case saying that he solemnized marriage of the deceased with petitioner. The informant is not even aware how the wife of the petitioner died and merely on the basis of suspicion he has made the petitioner along with his family members accused in this case. He further submits that petitioner is handicapped and he cannot even freely walk and it was impossible for him to kill his wife. He further submits that the deceased was mentally sick and due to dispute with her husband (pettioner), she committed suicide.

Her parents were informed but they did not turn up for cremation. He further submits that post-mortem was conducted but no opinion was given about the cause of death till receipt of the FSL report. The post-mortem report also suggests that though the death is unnatural but it might be a case of suicide.

3/4 the petitioner on 31.01.2025, but till date no prosecution witness has been examined in this case. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 27.06.2024.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that there is specific allegation against the petitioner who is husband of the deceased for causing death of the niece of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubt over cause of death, petitioner's period of custody and also considering the delay in trial and no likelihood of its conclusion in near future, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Nawgachhiya, Bhagalpur / concerned Court, in connection with STR No. 860 of 2024, arising out of Bhawanipur P.S. Case No. 85 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S.

4/4 and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T