Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74419 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Vikram Kumar Son of Surendra Yadav Resident of Bhaluaha, Ward No. 9, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Shankarpur P.S. Case No. 180 of 2023 dated 25.10.2023, instituted for the offence punishable under Sections 304(B), 120(B) of the Indian Penal Code.
3. The prosecution case in short is that, the informant's daughter was married to Vikram Kumar (petitioner) on 27.05.2022. After sometime, the son in-law and other in law's family member of the daughter of informant started demanding one kattha land and a four wheeler as dowry and upon non-fulfillment of the same, they started torturing and assaulting the daughter of informant. It is further alleged that on 24.10.2023 at about 04:30 am, the informant got information by
Patna High Court CR. MISC. No.74419 of 2024(3) dt.18-01-2025 2/3 the villagers that the petitioner along with other accused persons have murdered his daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the daughter of the informant was observing fast during on-going 'Navratra'. She broke the fasting carelessly by consuming spicy and heavy diet. Subsequently, she suffered unbearable abdominal pain. The petitioner took her to a local doctor who referred her to Medical College, Madhepura. The petitioner hired a private ambulance and took the victim to Medical College, Madhepura but unfortunately, she died on the way. It is next submitted that during investigation, eight independent witnesses have examined, who deposed in their statements i.e stated in paragraph nos.
42, 44, 45, 54, 55, 56, 60, 61 that a quarrel took place between the husband and daughter of informant for visiting the fair and when petitioner refused then the deceased herself consumed Sulphas. It is further submitted that from bare perusal of postmortem report, it appears that there is no internal or external injury on the body of deceased and doctor could not ascertain cause of death. Viscera has been preserved for final report.
Patna High Court CR. MISC. No.74419 of 2024(3) dt.18-01-2025 3/3 custody since 21.06.2024 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of A.C.J.M.-1, Madhepura in Shankarpur P.S. Case No. 180 of 2023. (Khatim Reza, J) Sankalp/- U T