Vikash Kumar Alias Vikas Kumar Vs State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

Vikash Kumar Alias Vikas Kumar Vs State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bokaro, subject to conditions of appearance on every date, non-threatening of witnesses, co-operation in trial, and liability to cancellation on adverse report.

Issue for consideration

Whether the petitioner, facing charges under Sections 304-B/34 and 302/34 of I.P.C. and in custody since 24.05.2023 amid a stalled trial, should be enlarged on regular bail.

Court's answer

Having regard to the petitioner's custody since 24.05.2023, the last prosecution witness having been examined in May 2024, and the status report showing three official witnesses still to be examined (letter to S.P., Bokaro issued 16.12.2024), indicating no likelihood of early conclusion of the trial, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-IV, Bokaro, in connection with Bokaro Steel City P.S. Case No.105/2023 corresponding to G.R. No.888/2023 (S.T. Case No.354/2023).

Key takeaways

Bail was made subject to conditions: the petitioner shall appear on each and every date before the learned trial court, shall not threaten any witnesses, and shall co-operate in the trial; upon any adverse report, the learned trial court shall be at liberty to cancel the bail.ratio¶¶13

Detailed headnote1 paragraphs

Bail — Regular bail granted — Accused charged under Sections 304-B/34 and 302/34 of I.P.C. (case initially registered under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act), Bokaro Steel City P.S. Case No.105/2023 / G.R. No.888/2023 / S.T. Case No.354/2023 — Petitioner in custody since 24.05.2023 — Informant P.W.5 (father of the deceased) examined after rejection of earlier bail application but did not support the prosecution case — Last witness examined in May 2024; three official witnesses still pending; letter issued to S.P., Bokaro on 16.12.2024 — No likelihood of early conclusion of trial — Petitioner enlarged on bail against bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IV, Bokaro — Conditions imposed: appearance on every date, no threatening of witnesses, co-operation in trial; bail cancellable on adverse report. (Deepak Roshan, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 335 of 2025

Vikash Kumar @ Bablu @ Vikas Kumar, aged about 36 years, Son of Indradev Yadav, Resident of Rajendra Nagar Lakri Gola, Bokaro Steel City, P.O. – B.S. City, P.S. – Bokaro Steel City, District Bokaro/Jharkhand ....Petitioner

Versus

State of Jharkhand ....Opp. Party

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

--------For the Petitioner : Mr. B.M. Tripathi, Sr.Advocate Mr. Navin Kr. Jaiswal, Advocate For the Opp. Party : Mr. Jitendra Pandey, A.P.P.

04/Dated:-11.03.2025

Heard learned counsels for the parties.

2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act however charges have been framed for the offences under Sections 304-B/34 and 302/34 of I.P.C., in connection with Bokaro Steel City P.S. Case No.105/2023 corresponding to G.R. No.888/2023 (S.T. Case No.354/2023).

3. Learned senior counsel for the petitioner submits that after rejection of the earlier bail application, a development has taken place that P.W. 5-the informant, who is the father of the deceased, has been examined, but by going through the aforesaid deposition, it is clear that he has not supported the case of the prosecution in true sense. Moreover, the last examination was done in May, 2024 and even after a lapse of more than ten months and other three witnesses are yet to be examined and the petitioner is in custody since 24.05.2023; as such, the petitioner may be enlarged on bail. He is ready to abide by every condition imposed by this court.

4. Learned A.P.P. opposes the prayer for bail of the petitioner. 5. Having regard to the facts of the case that since the petitioner is in custody since 24.05.2023 and the last prosecution witness has been examined in May, 2024 and as per the status report, which was called for, it appears that still three official witnesses are yet to be examined for which letter to S.P., Bokaro has been issued on 16.12.2024. This indicates that there is no likelihood of early conclusion of the trial; therefore, I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bokaro in connection with Bokaro Steel City P.S. Case No.105/2023 corresponding to G.R. No.888/2023 (S.T. Case No.354/2023).

6. It is made clear that the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall co-operate in trial and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner.

(Deepak Roshan, J.)

vikas/-