Vikram Kumar @ Vikram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37636 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Vikram Kumar @ Vikram Singh Son Of Pramod Kumar Singh Village Sultanpur P.S. Mohiuddin Nagar District Samastipur. ... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in Sessions Trial No. 383/2022 arising out of Mohiuddin Nagar P.S. Case No. 18 of 2022 registered for the offence under Sections 304(B), 201, 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 04.04.2022.
The allegation against the petitioner is to cause death of daughter of informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for one Wagon R car.
Patna High Court CR. MISC. No.37636 of 2023(2) dt.12-07-2023 2/3 Learned Senior counsel appearing on behalf of the petitioner submitted that the implication of petitioner in present case is appears only for the reason that he is the husband of deceased, where dead body is yet to be recovered. It is submitted that the father-in-law of deceased lodged a missing report bearing Mohiuddin Nagar police station on 17.01.2022 much prior lodging this FIR. It is submitted that nothing surfaced during the course of investigation so as to connect petitioner with occurrence except that petitioner is the husband of deceased.
It is submitted that allegation of disappearing dead body by throwing it in river the Ganga is completely baseless and appears to aggravate the allegation only, rather the daughter of informant is habitual to Urban life style and was uncomfortable to live with petitioner in village. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above as missing report of daughter of informant is available which has been lodged by the father of this petitioner prior to
Patna High Court CR. MISC. No.37636 of 2023(2) dt.12-07-2023 3/3 this occurrence, where dead body of daughter of informant is yet to be recovered, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 04.04.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Sessions Trial No. 383/2022 arising out of Mohiuddin Nagar P.S. Case No. 18 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Samastipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. with further condition that:- Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(Chandra Shekhar Jha, J) veena/- U T