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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63182 of 2025 Arising Out of PS. Case No.-445 Year-2025 Thana- SONEPUR District- Saran ====================================================== Shivam Kumar @ Shivam Kumar Singh S/o Mr. Mithun Singh @ Mithun Kumar Singh R/o vill - Sonpur, ward no. 12, P.s.- Sonpur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms. Vaishnavi Singh Mr. Ritwik Thakur For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sonepur P.S. Case No. 445 of 2025 registered for the offence under Sections 85, 80, 61(2) of the BNS, 2023 and under Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the allegation against the petitioner and other accused persons is that the deceased has been killed by the accused persons for demand of dowry etc.

4. The petitioner is in custody since 9.5.2025. 5. Learned counsel for the petitioner submits that the petitioner

Patna High Court CR. MISC. No.63182 of 2025(2) dt.17-09-2025 2/3 was carrying pregnancy and she was being treated in Kurji Holy Family Hospital and while under treatment at Siwangi Nursing Home, Hazipur, she died. He further submits that from the Postmortem report, it appears that there is no external injury on the body of the deceased and the opinion about the death is due to hemorrhage, shock and ectopic pregnancy.

5. Learned counsel for the informant has vehemently opposed the application of the petitioner for grant of bail and has submitted that the petitioner does not deserve bail as he, being the husband has not informed the family of the deceased in time.

6. Considered the submission of the parties.

7. The first and foremost duty of the petitioner was to take his wife to the hospital which was done by him and whether he informed the family members of the deceased or not is a question which cannot be decided at the stage of bail.

8. From the medical reports annexed with the bail petition, in my opinion, the petitioner deserves bail.

9. Accordingly, this application is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63182 of 2025(2) dt.17-09-2025 3/3 the learned Chief Judicial Magistrate, Saran, Chhapra/concerned Court below in connection with Sonepur P.S. Case No. 445 of 2025.

(Sandeep Kumar, J) Vikas/- U