Gautam Kumar @ Madhusudan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.725 of 2019 Arising Out of PS. Case No.-113 Year-2017 Thana- KINJAR District- Jehanabad ====================================================== Gautam Kumar @ Madhusudan Brijnandan Yadav @ Rukhi Yadav Resident of village- Khairadih, P.S.- Kinjar, District - Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Prasad Sinha For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.1.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence nor there is substantive evidence to suggest

Patna High Court CR. MISC. No.725 of 2019(7) dt.09-04-2019 2/2 his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The allegation is of giving poison to the deceased. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite the trial.

(Sudhir Singh, J) Pankaj/- U T