Vikki @ Vikki Kumar @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38720 of 2025 Arising Out of PS. Case No.-642 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Vikki @ Vikki Kumar @ Mukesh Kumar, S/O Jai Prakash Das, R/o MohallaLaheri Sangatpar, Bihar Sharif, P.S.- Laheri, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Laheri P.S. Case No. 642 of 2024 for the offences punishable under Section 80 (2) of BNS.
3. As per prosecution case, the marriage of the daughter of the informant was solemnized with the petitioner on 08.12.2022 and allegation against the petitioner is that he killed his wife by poisoning her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the husband of the deceased and he never demanded any dowry and never tortured her. The wife of the petitioner was pregnant and gave birth to a female child and in
Patna High Court CR. MISC. No.38720 of 2025(2) dt.25-06-2025 2/3 course of delivery, she suffered some infection and had been undergoing treatment. Earlier she was treated at private clinic and government hospital and subsequently referred to Jivan Jyoti Hospital for better treatment. In course of treatment, she died. There is no foul-play and no case under Section 80 (2) of BNS is made out against the petitioner. The learned counsel further submits that no opinion has been given about the death of the daughter of the informant in post mortem report and viscera has been preserved. The petitioner is in custody since 31.12.2024 and is having clean antecedent. The charge sheet has been submitted.
5. Learned APP vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner is the husband of the daughter of the informant and the death occurred within seven years of marriage in the matrimonial home of the deceased.
6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the papers showing previous treatment of the deceased and further considering the absence of any cogent material in support of allegation by the informant and also considering the period of custody of the petitioner, submission
Patna High Court CR. MISC. No.38720 of 2025(2) dt.25-06-2025 3/3 of charge sheet and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with Laheri P.S. Case No. 642 of 2024, subject to the conditions mentioned in Section 480
(3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T