Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1886 of 2024 Arising Out of PS. Case No.-55 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== Vikash Kumar Son of Mantun Sahni Resident of Village- Latbasepura, Police Station- Musarigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 498(A), 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It is a case of commission of murder of the grand-daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.1886 of 2024(2) dt.29-01-2024 2/3 been implicated in this case. The petitioner is husband of the deceased. There is no prior complaint against the petitioner. The deceased was not happy with the marriage and she committed suicide. The postmortem report of the deceased suggests that death is caused by asphyxia as a result of hanging. Moreover, during trial, the informant and other witnesses have not supported the prosecution version. The deposition of the informant has been annexed as Annexure-P4 to the petition. The petitioner is in custody since 26.09.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for death of his wife. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.1886 of 2024(2) dt.29-01-2024 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Musarigharari P.S. Case No. 55 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T