Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22775 of 2018 Arising Out of PS. Case No.-372 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Vikram Kumar, Son of Late Vinay Kumar, Resident of Mohalla- Nehru Tola, Lallu Babu Ke Kuchcha, P.O.- Begampur, P.S.- Chauk, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandeep Sahi, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP For the Informant : Mr. Gautam Kr. Kejriwal, Adv. Mr. Mohit Agarwal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel for the State as also counsel for the Informant. In this case, the petitioner is apprehending his arrest in connection with Chauk P.S. Case No. 372 of 2017 corresponding to G.R. No. 4497 of 2017 registered for offences under sections 304-B and 34 of the Indian Penal Code. In this case, the victim lady was found dead in the house.

Learned counsel for the petitioner submits that his wife, the victim, was suffering from schizophrenia right from the very beginning though she was a teacher which has been corroborated by the statement of her friends. Schizophrenia is a disease which comes

Patna High Court Cr.Misc. No.22775 of 2018(2) dt.27-04-2018 2/2 occasionally and not every-time. Sometime it is on higher degree and the same is not perennial in nature. Learned counsel for the petitioner submits that the body of the victim was found hanging and it was recovered by breaking the door.

Counsel for the Informant points out that the postmortem report itself indicates that before hanging the body, the victim was already killed.

Looking to the nature of offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T