Vicky Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28735 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Vicky Kumar Yadav S/o Late Bindheswari Yadav @ Sukan Rai @ Bindeshwar Yadav R/o Mohalla- Khetari, Ward No 4, Police Station- Koilwar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-09-2025 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending arrest in connection with Koelwar P.S. Case No. 278 of 2024 instituted under Sections 306/4 of the Indian Penal Code lodged on 30.06.2024 by the informant, Rajesh Yadav.
3. As per the prosecution story, the informant alleged that the lady was married to the petitioner but on 03.10.2024, their attitude forced her to commit suicide, she was rushed to Himalya Hospital, Patna remained admitted there for five days and ultimately died on 08.02.2024. This led to the FIR.
4. Learned counsel for the petitioner submits that the minor dispute between the couple, led the lady to take extreme steps, the family immediately rushed her to the Hospital, she
Patna High Court CR. MISC. No.28735 of 2025(4) dt.03-09-2025 2/3 battled for five days and ultimately succumbed to injuries. The petitioner himself is the sufferer and there is a child without mother and the father is on the run. He submits that the petitioner shall be diligently appearing in trial.
5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that the allegation is there of forcing the lady to commit suicide.
6. Taking into account the aforesaid submissions as also the fact that she was rushed to the hospital, battled for life five days and ultimately died, though the petitioner is husband, an undertaking has been given that he shall be diligently appearing in trial, there is an uncared child, he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Koelwar P.S. Case No. 278 of 2024 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other
Patna High Court CR. MISC. No.28735 of 2025(4) dt.03-09-2025 3/3 conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T