Dilkhush Kumar @ Dilkhush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53361 of 2025 Arising Out of PS. Case No.-391 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Dilkhush Kumar @ Dilkhush Singh Son of Mahendra Singh @ Anil Singh R/O Village- Rehua, P.S.- Lakhisarai Town, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126 (2), 115 (2), 352 and 108 of the BNS.

3. The case of the prosecution is that the petitioner was living in a rented room near the house of the deceased. It is further alleged that the petitioner used to tease her and also assaulted her, due to which the deceased committed suicide and died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.53361 of 2025(4) dt.05-12-2025 2/3 from perusal of the FIR itself, it is clear that the daughter of the informant committed suicide and in the last part of the FIR, the informant alleged that the deceased had made a video before her death wherein she has disclosed that the petitioner used to assault her.

5. From perusal of paragraph-4 of the case diary, it will transpire that the Investigating Officer seized the mobile phone of the deceased and from its gallery, 3 or 4 videos were recovered in which the deceased stated that she was committing suicide as this petitioner had tortured her and threatened her with dire consequences. From perusal of the Supervision report, it will transpire that the Investigating Officer was given certain directions, one of which was to get the seized articles examined by the FSL. Another direction that was to collect the CDRs of the deceased and the petitioner.

6. Learned counsel for the petitioner submits that from perusal of the case diary, it is clear that the Investigating Officer has not complied with those directions and has submitted charge sheet. However, save and except the videos which is said to have been recovered from the deceased's mobile phone, there is no other material against this petitioner. Moreover, the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.53361 of 2025(4) dt.05-12-2025 3/3 08.05.2025 having no criminal antecedent.

7. Learned counsel appearing for the Informant has vehemently opposed the prayer of regular bail submitting that the deceased committed suicide due to the cruelty and acts committed by this petitioner.

8. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kankarbagh P.S. Case No. 391 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XI, Patna. (Ashok Kumar Pandey, J) Jagdish/- U T