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Patna High Court

Vikas Kumar Singh @ Chhotan Singh @ Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail as the evidence points to suicide and there is no material linking him to the alleged offences.

Summary

Vikas Kumar Singh was arrested in connection with the death of his wife, Jaya Kumari, alleged to be a dowry‑related cruelty case. The prosecution alleged offences under sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, claiming the death resulted from the petitioner’s actions. The petitioner’s counsel argued that the autopsy report showed only a ligature mark and concluded the death was a suicide by hanging, with no other injuries or evidence linking the petitioner. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 22‑04‑2025. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner’s release on a regular bail bond with two sureties. The bail was set at Rs 10,000 with two additional sureties of the same amount, subject to satisfaction of the Additional Chief Judicial Magistrate‑XI, Saran.

Issues considered

  • Whether the petitioner is entitled to regular bail pending trial for offences under sections 80(2) and 3(5) of the Bihar Narcotic Substances Act
  • Whether the circumstances of the deceased’s death constitute suicide, thereby negating criminal liability

Legislation cited

Subjects

  • bail
  • dowry death
  • suicide
  • autopsy
  • ligature mark
  • criminal procedure
  • Bihar Narcotic Substances Act
  • sections 80(2) and 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74956 of 2025
                         Arising Out of PS. Case No.-107 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Vikas Kumar Singh @ Chhotan Singh @ Vikash Singh @ Vikash Kumar
                 Singh S/o Shiv Nath Singh Resident of Village - Bathui, P.S - Parsa, District -
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Adarsh Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80(2) and

                   3(5) of B.N.S.

                                3. The case of the prosecution is that Jaya Kumari

                   (deceased) was married to the petitioner on 13.03.2019. It is

                   further alleged she was subjected to cruelty on account of non-

                   fulfillment of dowry demand. On 21.03.2025, a telephonic

                   message was received on the mobile of informant’s son that the

                   deceased has fallen down. After that, the information was given

                   to police on 112.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74956 of 2025(3) dt.16-01-2026
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          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          postmoretem report, it will transpire that the board conducting

          the autopsy of the deceased has found only one antemortem

          injury i.e., ligature mark present over anterior aspect of upper

          neck prominent on anterior aspect. No any external injury was

          seen. This goes to show that the death was due to hanging. The

          board has also opined that the cause of death is due to asphyxia

          due to hanging. Learned counsel for the petitioner has further

          submitted that as there is no antemortem injury except the

          ligature mark, it is a case of hanging and the deceased has

          committed suicide. There is no role of the petitioner in the

          offence. A statement has been made in para-3 of this petition

          that the petitioner has got no criminal antecedent. Moreover, he

          is languishing in judicial custody since 22.04.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Parsa P.S. Case No. 107 of 2025 on furnishing bail bond of
            Patna High Court CR. MISC. No.74956 of 2025(3) dt.16-01-2026
                                                        3/3




                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Chief Judicial

                      Magistrate-XI, Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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