Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48708 of 2025 Arising Out of PS. Case No.-289 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Vikash Kumar S/O Kailash Rai R/O Village- Kasturiya, P.S- Tariyani, Distt.- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 80(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 07.05.2025 and being husband has been falsely implicated in the instant case by the informant who is father-in-law of the petitioner. It is next submitted that the informant alleges that his daughter was married to the petitioner on 13.08.2024, further after marriage, the petitioner along with the accused persons started demanding Rs. 10 Lakhs and a motorcycle, on account of non-fulfillment of the demand, the victim was assaulted and
Patna High Court CR. MISC. No.48708 of 2025(3) dt.29-08-2025 2/3 tortured and was ousted from her matrimonial home, it is next alleged that thereafter the informant gave a room to the petitioner and his daughter in his house where they started staying, but after some times, the petitioner under the influence of his mother and first wife again started torturing his daughter for dowry and even assaulted her mercilessly and said that if the demand of dowry is not met within two days then she will be killed, further on 05.10.2024 at 03:00 PM, his son called and informed that the dead body of the victim is hanging from a fan, accordingly, he reached the place of occurrence and saw the dead body of his daughter.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that deceased was second wife of the petitioner, as from his first marriage, there were no children. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that petitioner and the deceased were staying in the house of the informant and the daughter of the informant committed suicide while staying at her parental home. It is further submitted that the allegation of demand of dowry is ornamental.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.48708 of 2025(3) dt.29-08-2025 3/3 bail of the petitioner and submits that what is not in dispute rather stands admitted is that daughter of the informant died. It is also submitted that there is allegation of demand of dowry and torture and the victim even presuming committed suicide then also the death was within seven years of marriage. It is also submitted that wife is the responsibility of the husband and the petitioner, being husband, must have created conditions conducive for the victim to take the extreme step of ending her life.
6. Considering the submissions made by the learned APP for the State, the Court is not inclined to release the petitioner on bail.
7. Accordingly, the regular bail application stands rejected.
(Satyavrat Verma, J) Rishabh/- U T