Guddu Kumar @ Guddu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17048 of 2021 Arising Out of PS. Case No.-681 Year-2020 Thana- SONEPUR District- Saran ====================================================== GUDDU KUMAR @ GUDDU KUMAR SINGH S/o Nawal Kishore Singh Resident of Village- Chausiya (Bakarpur), P.S.- Sonepur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2022 Heard Mr. Prabhakar Singh, learned Advocate for the petitioner and the learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Sonepur P.S. Case No. 681 of 2020 dated 14.09.2020 instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.

The petitioner is the husband of the deceased. The accusation against the petitioner and his other family members is of having tortured the deceased and also of hanging her. The post-mortem report reveals that the deceased died because of asphyxia as a result of hanging.

Learned counsel for the petitioner has submitted that the deceased inflicted harm upon herself which would be

Patna High Court CR. MISC. No.17048 of 2021(4) dt.24-03-2022 2/2 evident from the fact that the door of the room where she was found hanging was forcibly broken open. The accusation against the petitioner and his other family members is only based on suspicion. The informant after having come to know of the death of the deceased lost all interest in the family of the petitioner and therefore the entire family members have been made accused in this case without verifying the facts in detail. Be that as it may, regard being had to the nature of accusation against the petitioner and his status vis-a-vis the deceased, I am not inclined to grant anticipatory bail to him. Accordingly, the prayer for anticipatory bail is rejected.

Should the petitioner surrender before the court below and seek bail, all the grounds noted above shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T