Patna High Court
Rocky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to cash bond and sureties.
Summary
Rocky Kumar was arrested in connection with the disappearance and alleged murder of Chandni Kumari, alleged under IPC Sections 304(B), 201 and 120(B). The complaint was filed by Chandni's step‑mother after Chandni vanished, leaving two children behind. The petitioner, in custody since 27‑09‑2025, sought bail, arguing that the FIR is still under investigation and the victim has not been recovered. The State and the informant opposed bail, contending that the petitioner, as the husband, was involved in the killing. The Court held that the petitioner could not be kept in indefinite custody while the victim’s whereabouts remained unknown and granted bail with a cash bond and sureties, directing the police to continue efforts to locate Chandni Kumari. The order was limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted in a case involving IPC Sections 304(B), 201 and 120(B) when the alleged victim is missing.
- Whether continued judicial custody is justified pending recovery of the missing victim.
- Whether the conditions imposed for bail are appropriate under the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 156(3)
- Indian Penal Code — s. 120(B), 201, 304(B)
Subjects
- bail
- missing victim
- dowry death
- criminal conspiracy
- IPC
- CrPC
- victim recovery
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83152 of 2025
Arising Out of PS. Case No.-334 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Rocky Kumar S/o Mukesh Kumar Singh R/o Village - Bilandpur, P.S. -
Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Informant : Mr. Sachin Kumar, Advocate
Mr. Rajiv Ranjan, Advocate
For the State : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 07-04-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 334 of 2024 registered for the offence punishable
under Sections 304(B), 201 and 120(B) of the Indian Penal
Code.
3. The prosecution arises out of a complaint case filed
by the step-mother of the alleged victim Chandni Kumari. It is
alleged by the step-mother that Chandni Kumari has been killed
by the petitioner and she has left behind two children.
4. The petitioner is in custody since 27.09.2025.
5. Learned counsel for the petitioner submits that
Chandni Kumari was in a relationship with two persons namely,
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Sundar Kumar Rai and Kundan Kumar and she was talking to
them on mobile and one day, she left the house along with Rs.
33,100/- leaving behind two children. The petitioner filed
Mahua P.S. Case No. 710 of 2023 on 02.11.2023. The case is
still under investigation as Chandni Kumar has not been
recovered. After 40 days of disappearance of Chandni Kumari,
the present complaint case was filed which has been referred
under Section 156(3) of the Cr. P.C. for registration of FIR.
6. Learned counsel for the informant has vehemently
opposed the prayer for bail and has submitted that it is the
petitioner, who is the husband of the victim and is involved in
killing the deceased.
7. I have considered the submissions of the parties.
8. The FIR registered by the petitioner is still under
investigation. Chandni Kumari has not been recovered and for
disappearance of Chandni Kumari, the present complaint was
filed which has been registered as an FIR.
9. In my opinion, untill and unless the whereabouts of
Chandni Kumari are found out, the petitioner cannot be kept in
judicial custody for indefinite period who has to look after the
two children also.
10. In these circumstance, this application is allowed.
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11. Let the petitioner, above named, be 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 the
learned A.C.J.M.-IV, Vaishali at Hajipur in connection with
Mahua P.S. Case No. 334 of 2024.
12. The Superintendent of Police, Vaishali is directed
to take all steps for recovery of the victim i.e., Chandni Kumari
so that the truth comes out.
13. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
14. Let a copy of this order be communicated to the
Superintendent Police, Vaishali through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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