Shahabuddin @ Pintu Painter v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22713 of 2021 Arising Out of PS. Case No.-334 Year-2019 Thana- RAMPUR District- Gaya ====================================================== SHAHABUDDIN @ PINTU PAINTER Son of Md. Gulam Rasul @ Gora Painter Resident of Mohalla - Gewal Bigha, Near Hindi School, P.S.- Rampur at and District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for regular bail arises out of Rampur P.S. Case No. 334 of 2019 disclosing the offence punishable under Sections 302, 304(B), 201/34 of the Indian Penal Code. The petitioner is in custody since 20.10.2020. He is the husband of the deceased. They were married nearly 13 years ago on the date of occurrence, as stated in the application, seeking regular bail.
Learned counsel for the petitioner has submitted that it has emerged during course of investigation that the deceased had committed suicide. He, accordingly, submits that neither offence under Section 304(B) of the Indian Penal Code can be
Patna High Court CR. MISC. No.22713 of 2021(3) dt.29-11-2021 2/2 said to be made out nor any offence under Section 302 of the Indian Penal Code can be said to have been committed by the petitioner.
On the basis of what has emerged during course of investigation, though learned APP for the State has opposed the prayer for bail, she has not been able to convince the Court that it was the petitioner, who has been found involved in the commission of the offence.
Considering the facts and the circumstances and the period of custody, this application is allowed. Let, the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 334 of 2019.
(Chakradhari Sharan Singh, J) uday/- U T