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Patna High CourtCR. MISC./14201/2019bail granted

Om Prakash Gupta @ Bhola Saw And ANR v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14201 of 2019 Arising Out of PS. Case No.-622 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.

OM PRAKASH GUPTA @ BHOLA SAW Son of Late Ram Narayan Saw R/o village- Khajuri, P.S- Naubatpur, District- Patna 2.

Savita Devi Wife of Om Prakash Gupta R/o village- Khajuri, P.SNaubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 498 (A) and 304 (B) of the Indian Penal Code.

Informant who is the father of the deceased has alleged that due to non-fulfillment of demand of dowry, petitioners (in-law's of the deceased) along with other family members including husband of deceased killed his daughter by pressing her neck.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case only on suspicion. The deceased was suffering from

Patna High Court CR. MISC. No.14201 of 2019(3) dt.04-04-2019 2/2 depression and due to which she has committed suicide. Petitioners have got no criminal antecedent and are in custody since 02.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Naubatpur P.S. Case No. 622 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) manoj/- U T