Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24229 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- GOPALPUR District- Patna ====================================================== Vikash Kumar S/O Ramji Prasad Gupta Resident of Flat No. A/604 Chhatrapati Shivaji Apartment, Jaganpura, P.O- Mithanchak, P.S- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Ambastha, Advocate For the Informant : Dr. Anand Kumar, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner, Dr. Anand Kumar, learned counsel for the Informant and Mr. Shahabuddin Azeem, @ S. Azeem, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 02.09.2024, in connection with Gopalpur P.S. Case No. 365 of 2024, F.I.R. dated 01.09.2024 registered for the offences punishable under Section 80 of the Bhartiya Nyaya Sanhita and later on chargesheet was submitted under Sections 80/103(i) of the Bhartiya Nyaya Sanhita, 2023.

3. Allegation against the petitioner is of committing torture and caused death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated

Patna High Court CR. MISC. No.24229 of 2025(3) dt.16-05-2025 2/2 in the present case merely on the ground that the petitioner is husband of the deceased. In fact, the deceased has committed suicide herself and petitioner has no role in the present occurrence and informant is not an eye witness of the alleged occurrence.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and case diary, vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation before the death of the deceased and all the circumstantial evidences suggest that the petitioner has committed the murder of the deceased and she has been died within one and half years of the marriage and witnesses have supported the case of the prosecution in paragraph nos. 9, 10, 33 and 34 of the case diary.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Gopalpur P.S. Case No. 365 of 2024 pending in the Court of learned Judicial Magistrate 1st Class, Patna.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T