Raj Kishore Prasad Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.55329 of 2015 (3) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55329 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Raj Kishore Prasad Gupta, Son of Ramotar Prasad Gupta, Resident of Village - Surajgarha Bazar, Police Station - Surajgarha, District - Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar For the Opposite Party : Mr. U.S.P.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Surajgarha P.S. Case No. 56 of 2015, registered under Section 302/34 of the Indian Penal Code.

The prosecution case is that the marriage of the sister of the informant Anju Devi was performed with this petitioner in the year 2002 and before two years, she had been tortured by this petitioner, regarding which she had given an application to the Officer-in-Charge. On 23.05.2015 at about 9.30 P.M., informant came to know that his sister Anju Devi has been killed by putting her on fire by her husband and in-laws.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.55329 of 2015 (3) dt.11-02-2016 submits that it would appear from the F.I.R. that the marriage of the petitioner was performed with the deceased before 12 years and there are three children due to the wedlock of the petitioner and deceased. Further submission is that, in fact, due to some family dispute, the deceased wife of the petitioner put her on fire in the night of 23.03.2015 and Police came on 24.03.2015 and prepared the Inquest Report, but the informant, who is brother of the deceased has lodged the present case with false allegation of demand of dowry and torturing the deceased against the petitioner and others. Further submission is that petitioner is in custody since 01.04.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha P.S. Case No. 56 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T