Vikash Ram @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.690 of 2024 Arising Out of PS. Case No.-117 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Vikash Ram @ Vikash Kumar S/o Late Antu Ram R/o Village- Masarhi, P.S.- Ramgarh, Distt- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024

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

2. The petitioner seeks bail in case registered for the offence under Section 304(B) /34 of the Indian Penal Code.

3. It is a case of 'Dowry Death'.

4. Petitioner happens to be husband of the deceased.

5. It is alleged that due to non-fulfillment of demand of dowry, this petitioner alongwith others killed the deceased (daughter of informant) by setting her on fire.

6. It is submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case merely because he happens to be husband of the deceased. There is no eye-witness to the occurrence. Petitioner neither demanded any dowry nor committed any torture to the deceased. There was

Patna High Court CR. MISC. No.690 of 2024(3) dt.21-03-2024 2/2 cordial relation between the petitioner and the deceased, but due to some family feud, the deceased committed suicide. Moreover, after the alleged incident, the information was given to the informant side and cremation was done in their presence, but only with a view to extort money from the petitioner's side, this false and concocted case has been filed. Petitioner is in custody since 14.04.2022.

7. However, learned A.P.P. for the State vehemently opposes the bail petition and submits that petitioner is husband of deceased and there is specific and direct allegation against him. Deceased died in an unnatural circumstances within seven years of marriage at her matrimonial home.

8. Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased and there is specific and direct allegation of demand of dowry and committing torture against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T