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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49569 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- SIMRA District- West Champaran ====================================================== Vikash Kumar @ Vikash Kumar Srivastava Son of Late Anirudh Prasad Resident of Village - Narainpur, Ward No.3, P.S.- Bagaha (Pathkhouli O.P.), Dist.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 328, 306, 34 of the Indian Penal Code. The prosecution case in brief is that one Jagmohan is alleged to have administered poison, as a result of which, the deceased died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-05-2019. Charge sheet has already been submitted. The petitioner happens to be second husband of wife of the deceased. The petitioner had no

Patna High Court CR. MISC. No.49569 of 2019(2) dt.08-08-2019 2/2 knowledge regarding the first marriage of his wife, which was solemnized with the deceased. When the deceased came to know regarding the second marriage of his wife with the petitioner, he is alleged to have committed suicide. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bagaha, West Champaran in connection with Semra (Chiutaha) P.S. Case No. 92 of 2018. (Sudhir Singh, J) A.K.V.//- U T