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Patna High CourtCR. MISC./10763/2023allowed

Rameshwar Gupta @ Rameshwar Sah@ Guddu v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10763 of 2023 Arising Out of PS. Case No.-3 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== Rameshwar Gupta @ Rameshwar Sah@ Guddu S/O Bharat Sah R/V- Lilari, P.S.-Baghaila, District- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Om Prakash Upadhyay For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 304B, 201/34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including the petitioner is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. The informant is

Patna High Court CR. MISC. No.10763 of 2023(3) dt.22-06-2023 2/3 not an eye witness of the alleged occurrence and there is no specific allegation of committing murder attributed against the petitioner. As per Annexure-2, the deceased was suffering from acute hepatitis and death caused due to cardio pulmonary arrest. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baghaila P.S. Case No. 03 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram at Rohtas.

(Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.10763 of 2023(3) dt.22-06-2023 3/3