Vikash Kumar vs The State Of Bihar
2021 Latest Caselaw 874 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31685 of 2020
       Arising Out of PS. Case No.-370 Year-2019 Thana- MAHUA District- Vaishali
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Vikash Kumar, age 26 years, S/o Hardev Singh R/o Village- Parsauniya Osti, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s     :       Ms. Rina Sinha, Advocate
For the State            :       Mr. Md. Arif, APP
For the Informant        :       Mr. Raju Kumar, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Ms. Rina Sinha, learned counsel for the

petitioner; Mr. Md Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Raju Kumar, learned counsel for the informant.

2. The petitioner apprehends arrest in connection with

Mahua PS Case No. 370 of 2019 dated 06.07.2019, instituted

under Sections 304B/201/120B of the Indian Penal Code.

3. The allegation against the petitioner is of killing his

wife by burning her.

4. Learned counsel for the petitioner submitted that the

marriage took place in the year 2016 and the death occurred in

the year 2019 due to burning but the victim was fully conscious

even after the incident and in Chirayu Emergency Hospital Patna High Court CR. MISC. No.31685 of 2020 dt.12-02-2021

under Agamkuan PS in the district of Patna, before the sub-

inspector of police, in the presence of her mother, her fardbeyan

was recorded, which was forwarded to Mahua PS, and was

required to be treated as the dying declaration, where she has

stated that while preparing food in the morning her dress caught

fire and the husband, that is, the petitioner and other villagers

poured water but before that she was badly burnt and the

husband had taken her for treatment. It was submitted that even

the body was handed over to the husband. Learned counsel drew

the attention of the Court to the said fardbeyan, to submit that

the mother of the deceased had also appended her signature on

that document which clearly proves that there was no foul play

and she not being illiterate, as she had not put her LTI and had

singed, and further, that nowhere she has protested or given any

complaint that her signature was forcibly taken in the presence

of the police, does not leave any doubt that the incident was a

pure accident. Learned counsel submitted that the father of the

deceased has filed the FIR after about 8 days of the occurrence

for which also there is no explanation. She submitted that the

petitioner has no other criminal antecedent.

5. Learned APP submitted that death had occurred due

to burning and the petitioner is the husband.

Patna High Court CR. MISC. No.31685 of 2020 dt.12-02-2021

6. Learned counsel for the informant submitted that

the father has filed the FIR alleging foul play. However, when

confronted with the fact that the wife of the informant, who is

the mother of the deceased, had signed on the statement of the

deceased, recorded by the Agamkuan police in the Hospital,

clearly stating that it was an accident, learned counsel could not

controvert the same.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Vaishali at Hajipur in

Mahua PS Case No. 370 of 2019, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall cooperate with the

Court and the police/prosecution. Any violation of the terms and

conditions of the bonds or non-cooperation would lead to Patna High Court CR. MISC. No.31685 of 2020 dt.12-02-2021

cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T