Ashish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7875 of 2022 Arising Out of PS. Case No.-161 Year-2021 Thana- KAMTAUL District- Darbhanga ====================================================== Ashish Kumar Gupta S/O Late Krishn Kumar Gupta @ Mahaseth Resident Of Village- Kamtaul, P.S.- Kamtaul District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Kamtaul P.S. Case No. 161 of 2021 registered for the alleged offences under Sections 304(B), 120(B) and 34 of the Indian Penal Code.

As per prosecution case, marriage of the daughter of the informant was solemnized with the petitioner in the year 2020. Just after the marriage the petitioner and his other family members started torturing the daughter of the informant on account of their demand of dowry. On the fateful night, daughter of the informant was brutally assaulted by the petitioner, his

2/4 brother and wife of his brother who strangulated the daughter of the informant to death.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He has been falsely involved in the present case merely on suspicion. There was no feud in the marriage and within a year of her marriage a female child was born out of the wedlock and even during the time of occurrence daughter of the informant was pregnant. During investigation the independent witnesses have clearly stated that due to some quarrel between the wife and husband the deceased committed suicide. Even the post mortem report does not support the allegation made in the F.I.R. learned counsel further submits that no occurrence as alleged has ever taken place.

Due to some domestic problem wife of the petitioner committed suicide and her family members were informed but they choose to lodge a wrong and false case against the petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 13.07.2021.

3/4 death. However, learned A.P.P. concedes that witnesses in paragraph 45 and 46 have stated about the daughter of the informant committing suicide.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that about doubt has been created over the involvement of the petitioner in view of the statement of the witnesses about suicide being committed by the deceased, and also considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 161 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three

4/4 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) daya/Gautam U T