Patna High CourtCR. MISC./17101/2024bail granted

Gautam Kumar @ Pintu v. The State Of Bihar

2024-04-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17101 of 2024 Arising Out of PS. Case No.-1182 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Gautam Kumar @ Pintu Son of Basant Yadav Resident of Village- Koylaghat, P.S.- Jogsar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Adv.

Mr. N.K Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kotwali (Jogsar) P.S Case No. 1182 of 2023 registered for the offences punishable under Sections 304 / 34 of the I.P.C.

3. As per prosecution case, it is a case of dowry death of the deceased due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is husband of the deceased.

Patna High Court CR. MISC. No.17101 of 2024(3) dt.22-04-2024 2/2 Petitioner has got clean antecedent. It is also submitted that petitioner is in judicial custody since 14.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order it appears that initially the case was registered under Section 304B/34 of I.P.C but during investigation police found the case under Section 306 of the I.P.C against the petitioner, accordingly, chargesheet submitted and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Bhagalpur in connection with Kotwali (Jogsar) P.S Case No. 1182 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T