Pran Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.2963 of 2017 (3) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2963 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pran Kumar Gupta, son of Baldev Sah, Resident of Village- Prem Nagar, Police Station- Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

It is alleged that this petitioner with one Salim Ansari took the husband of the informant. It is also alleged that since both had enmity with her husband, she sent Bittu Kumar with her husband. The husband of the informant did not return and on enquiry, it was found that dead body of her husband was lying in a field near Nahar. Later on, Bittu Kumar was also found dead. The District Judge has mentioned about different paragraphs of the case diary in the impugned order. From the

Patna High Court Cr.Misc. No.2963 of 2017 (3) dt.28-02-2017 written report, it appears that except the allegation that petitioner took the husband of the informant, there is no any specific allegation of overt act against him.

The doctor has stated in the post mortem report that death was caused due to firearm but there is no allegation in the written report that petitioner came to take the husband of informant armed with firearm.

The petitioner is in custody since 20.9.2016. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari in connection with Raxaul P.S. Case No. 147 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Ravi/- U T