Vivek Chaubey @ Vivek Kumar Chaubey Vs The State… — Murder and Culpable Homicide | Patna HC (2025)

Vivek Chaubey @ Vivek Kumar Chaubey Vs The State… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: release on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned IXth Additional District and Sessions Judge, Bettiah (West Champaran), in connection with S.Tr. No.413 of 2024 (CIS No.413 of 2024) arising out of Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023.

Issue for consideration

Whether the petitioner, booked under Sections 304(B), 120(B)/34 IPC in Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023 (S.Tr. No.413 of 2024), should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, the court directed that the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned IXth Additional District and Sessions Judge, Bettiah (West Champaran), in connection with S.Tr. No.413 of 2024 arising out of Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J., oral order dated 17-01-2025) in Criminal Miscellaneous No.59430 of 2024 granted regular bail to Vivek Chaubey @ Vivek Kumar Chaubey, accused in Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023 (District West Champaran), standing trial as S.Tr. No.413 of 2024 for offences punishable under Sections 304(B), 120(B)/34 IPC. Per the prosecution case, the petitioner along with other co-accused was alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry. Counsel for the petitioner argued false implication, absence of eyewitness, general and vague allegations, implication based only on suspicion, custody since 11.01.2024 and no criminal antecedent; the APP opposed the bail prayer. Considering the facts, circumstances and submissions, the court released the petitioner on bail on bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned IXth Additional District and Sessions Judge, Bettiah (West Champaran).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59430 of 2024

Arising Out of PS. Case No.-685 Year-2023 Thana- CHANPATIA District- West Champaran

======================================================

Vivek Chaubey @ Vivek Kumar Chaubey Son of Shailendra Chaubey Resident of Village - Lakhaura, P.S.- Kumarbag (O.P.), District - West Champaran.

... ... Petitioner/s

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Adya Singh, Advocate. For the Opposite Party/s : Mrs. Rita Verma, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

5 17-01-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks regular bail in connection with S.Tr. No.413 of 2024 (CIS No.413 of 2024) arising out of Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023, registered for the offences punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is that he along with other co-accused persons due to non-fulfillment of demand of dowry have committed murder of the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no eye witness to the alleged occurrence and the allegation against the petitioner and

Patna High Court CR. MISC. No.59430 of 2024(5) dt.17-01-2025 2/2

other accused persons are general and vague. Learned counsel submits that the informant filed the present case only on the basis of suspicion. He further submits that in the presence of both the parties, after post-mortem funeral was taken place. He also submits that petitioner is in custody since 11.01.2024, having no criminal antecedent and he undertakes to cooperate in the trial of the case.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned IX^th Additional District and Sessions Judge, Bettiah (West Champaran) in connection with S.Tr. No.413 of 2024 (CIS No.413 of 2024) arising out of Chanpatiya (Kumarbag O.P.) P.S. Case No.685 of 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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