Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32723 of 2021 Arising Out of PS. Case No.-79 Year-2019 Thana- PIPRA District- Patna ====================================================== VIKASH KUMAR SON OF DINESHWAR PRASAD @ DINESHWAR RAI Resident of Village - Shekhpura, P.S.- Pipra, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Asha Kumari, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Pipra P.S. Case No. 79 of 2019 instituted for the offences under Sections 341, 323, 498(A), 304(B)/34 of the Indian Penal Code read with Sections 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is in custody since 20.01.2021, is a person with clean antecedent and charge-sheet has been submitted in this case and is husband of the deceased. It is further submitted that the informant in the FIR alleges that his daughter was married with Vikash Kumar (petitioner) in the year 2017 and out of wedlock has a child, further after marriage petitioner along with his

Patna High Court CR. MISC. No.32723 of 2021(2) dt.10-01-2022 2/3 family members were demanding Rs.1,00,000/-, bullet motorcycle and one Katha land for which the informant had instituted an information in the concerned police station, further daughter of the informant on 19.07.2019 informed the informant that her husband and his family members have made her consume poison. Accordingly, the informant reached the place of occurrence and with the help of police got her admitted in a private nursing home at Punpun from where she was referred to PMCH and accordingly, she was admitted in PMCH on 20.07.2019 where she died during course of treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The fatherin-law, mother-in-law has been granted bail and the deceased on her volition had consumed poison.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the postmortem report records that deceased had consumed Salphos. It is further submitted whether she consumed herself or was made to consume become immaterial as marriage was only three years old and death was due to consumption of poison and the informant being husband must be the cause for a newly wed to consume poison knowing very well that the same would lead

Patna High Court CR. MISC. No.32723 of 2021(2) dt.10-01-2022 3/3 to death.

Considering the fact that the petitioner is the husband and the marriage was only three years old, the Court for the present is not persuaded to enlarge the petitioner on bail. Accordingly, prayer for bail is refused.

(Satyavrat Verma, J) Kundan/- U T