Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61213 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- DIGHA District- Patna ====================================================== Vikash Kumar Son of Baban Rai, R/o Mohalla- XTTI City Card Mall, P.SDigha, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 906 of 2022 arising out of Digha P.S. Case No. 392 of 2021, lodged under Sections 302, 307, 325, 323, 304(B), 120(b), 201, 34 of the Indian Penal Code. As per prosecution, the present case has been filed against 7 named accused persons. The informant has alleged that the marriage of informant's daughter was solemnized with one Vikash Kumar Rai. After marriage he has started demanding Rs.1 lac cash, upon which informant has clearly stated that he has no money to pay. Thereafter the allegation is that 7 accused persons use to torture the daughter of informant. Whenever her

Patna High Court CR. MISC. No.61213 of 2022(2) dt.24-02-2023 2/3 daughter use to complaint the informant always console that everything shall be alright within few months. It has been stated that after few months her daughter given birth to a girl child and all of a sudden on 17.07.2021 at about 4 p.m. informant received information that his daughter was killed by the petitioner side, thereafter, the present case has been filed. Learned counsel for the petitioner submits that petitioner has been made accused only on the basis of suspicion. He further submits that petitioner is a man of clean antecedent and he is in custody since 11.08.2021 as mentioned in the order sheet of session court. He also submits that from the witnesses, it transpires that the cause of death is suicide by jumping from second floor. Learned counsel for the petitioner further submits that after investigation charge sheet has been filed under Section 304-B/34 of the I.P.C., in which, cognizance has also been taken.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.61213 of 2022(2) dt.24-02-2023 3/3 the satisfaction of learned S.D.J.M., Patna in connection with Sessions Trial No. 906 of 2022 arising out of Digha P.S. Case No. 392 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T