Patna High CourtCR. MISC./9371/2023bail granted

Gautam Kumar @ Babuchand v. The State Of Bihar

2023-05-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9371 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- NTPC District- Patna ====================================================== GAUTAM KUMAR @ BABUCHAND SON OF KUSHESHWAR RAI @ KUSHESHWAR YADAV R/O VILL.- MANGARCHAK, P.S.- N.T.P.C. (BARH), DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with N.T.P.C. P.S. Case No. 49 of 2021 dated 01.09.2021 registered for the offences punishable u/s 304(B) of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused are alleged to have assaulted and hanged the daughter of the informant to death due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.9371 of 2023(2) dt.03-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner and the in-laws neither demanded dowry nor tortured the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that it is a case of dowry death and the petitioner is the husband of the deceased. .

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with N.T.P.C. P.S. Case No. 49 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T