Sumesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14148 of 2021 Arising Out of PS. Case No.-359 Year-2010 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== SUMESH GUPTA Son of Yogendra Sao Resident of Village - Amaun, P.O. - Akauna, P.s. - Karakat, District - Rohtas.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 359C/2010, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The informant is the husband of the deceased, Meena Kumari, who was an Assistant Teacher. On 13.08.2007 when she did not return from school, the informant searched for her. During the search chappal and broken bangles of the deceased were found and her dead body was recovered from a river. The informant has implicated a number of persons including the Block Development Officer. Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.14148 of 2021(3) dt.23-02-2022 2/2 informant has implicated the present petitioner including the B.D.O. without any base. There is no material against the petitioner in the entire case diary. As such, final form has been submitted in this case. The case diary has been received which shows that the investigation was concluded in the year 2009 and as no evidence emerged, the investigating authority submitted final form mentioning the case as clueless. The present case has proceeded on the basis of protest petition.

Considering the fact that during investigation no material emerged and investigating authority submitted final form mentioning the case as clueless, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Sheikhpura in connection with Complaint Case No. 359C of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T