Vikash Kumar Singh @ Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31970 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -BHABHUA RAIL P.S. District- GAYA ====================================================== Vikash Kumar Singh @ Vikash Singh, Son of Sushil Singh, Resident of Village- Bhagwatipur, P.S.- Chainpur, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2018 Heard.

The petitioner seeks regular bail in connection with Bhabhua Rail Sasaram P.S. Case No. 95 of 2017 for the offences punishable under Section 304(B)/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The allegation in the present case is regarding the accused person including the petitioner herein having killed the deceased lady who happens to be the wife of the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case, especially in view of the fact that the independent witnesses in paragraphs no.104, 105 and 114 of the case diary have stated that the victim lady had committed suicide by jumping

Patna High Court Cr.Misc. No.31970 of 2018 (4) dt.25-07-2018 2/2 before the train resulting in her death.

The learned counsel for the petitioner, referring to paragraph no.4 of the case diary, has submitted that the inquest report would show that the police had also found the dead body cut in piece on account of accident by train. The petitioner is stated to be languishing in custody since 27.12.2017. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail. I find that prima facie the present case is a case of suicide.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Gaya in connection with Sasaram (Bhabhua) Rail P.S. Case No. 95 of 2017.

(Mohit Kumar Shah, J) BTiwary/Md. Rashid U T