Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79375 of 2023 Arising Out of PS. Case No.-425 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Vikash Kumar S/O Yogendra Yadav Village- Tikraur, Ps. Ghoshi, Dist. Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sitaram Yadav S/O Late Ranvijay Yadav Village- Neori,Ps. Belaganj, Dist. Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act pending in the learned court below.

3. As per the prosecution case, on non-fulfillment of the demand of dowry, petitioner along with other co-accused is said to have killed the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is husband of the deceased. He

Patna High Court CR. MISC. No.79375 of 2023(2) dt.14-12-2023 2/2 further submits that the deceased died due to electric shock and in this context the sarpanch of the gram panchayat has given a letter declaring that the death occurred due to electric shock. He submits that there is no specific overt act against the petitioner. He further submits that all the family members of the deceased attended the cremation of deceased. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the deceased was died due to electric shock, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ghoshi P.S. Case No.425 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T