Patna High CourtCR. MISC./26845/2020bail granted

Vipul Kumar v. The State Of Bihar

2020-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26845 of 2020 Arising Out of PS. Case No.-526 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== VIPUL KUMAR Son of Shri Kishori Rai Resident of Village- Govind Fandah, Police Station- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Pradeep Narayan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Sitamarhi (Panaura O.P.) P.S. Case No. 526 of 2018, disclosing offence punishable under Sections 304-B, 201/34 of the Indian Penal Code.

The petitioner is in custody since 04.12.2019. The victim's father is the informant, who has alleged that the petitioner and the deceased were married on 16.04.2017. Allegedly, there was demand of dowry. It is his allegation that on 21.05.2018, when he had gone to the matrimonial house of the deceased, he learnt that his daughter was killed on 17.05.2018 and her dead body was disposed of hurriedly without informing the informant. There is allegation of demand

Patna High Court CR. MISC. No.26845 of 2020(2) dt.19-10-2020 2/2 of dowry and torture meted out to the deceased because of nonfulfillment of the said demand. Learned counsel appearing on behalf of the petitioner has submitted that the witnesses examined during course of investigation have disclosed that the deceased was suffering from ailment and she was taken to hospital for treatment. It has been asserted that the dead body of the deceased was disposed of in presence of the informant, as is evident from the case diary.

Considering the submissions advanced on behalf of the petitioner as noted above, particularly delay in lodging of the FIR and that the petitioner is in custody since 04.12.2019, in my opinion, a case for grant of regular bail is made out. This application is accordingly allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional District Judge-II cum Special Judge, Excise Act, Sitamarhi in Sitamarhi (Panaura O.P.) P.S. Case No. 526 of 2018.

(Chakradhari Sharan Singh, J) Rajesh/- U T