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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10741 of 2016 Arising Out of PS.Case No. -485 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Vikash Kumar Alias Vikas Kumar Rai Alias Vikash Singh, Son of Shambhu Rai, resident of Village Abdulhin Police- Station Sonepur, District Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Binod Kumar No. 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Sonepur P.S. Case No. 485 of 2013 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Manisha Kumari, the daughter of the informant was married to the petitioner in the year 2012 but allegedly, after some months, the petitioner and other in-laws started torturing her for fulfilling the demand of dowry and for that Panchayati was done. Complaint Case No. 18 of 2013 was also filed in the Court of Saran at Chapra. On 17.12.2013 at 08:30 a.m., the information was received regarding the death of the daughter.

Patna High Court Cr.Misc. No.10741 of 2016 (5) dt.19-05-2016 2/3 Submission is of false implication and that there was cordial relation between the petitioner and his wife. The wife of the petitioner died natural death and due information was given to the informant, some of other co-accused have been allowed pre-arrest bail and Shambhu Rai has been allowed regular bail. In post-mortem examination, no external injury was found on the person of the deceased and cause of death has not been ascertained. From Forensic Science Laboratory, Patna, Bihar, report has come that in this case no exhibit has been sent for examination and as such the petitioner who is suffering in custody since 03.09.2015 deserves sympathetic consideration. Besides suspicion, there is nothing against him.

The learned A.P.P submits that the petitioner is the husband.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Saran at Chapra

Patna High Court Cr.Misc. No.10741 of 2016 (5) dt.19-05-2016 3/3 in connection with Sonepur P.S. Case No. 485 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mishra/- U T