Shambhu Gupta @ Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27418 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -SASARAM RAIL P.S. District- GAYA ====================================================== Shambhu Gupta @ Shambhu Sah Son of Raj Nath Sah Resident of VillageDumarith, P.S. Bhabhua, District- Kaimur (Bhabhua), Bihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 02.03.2017 in connection with Sasaram Rail P.S. Case No. 24 of 2017 registered for the offence punishable under Sections 306/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that after marriage, family members of the husband of the deceased started demanding T.V., Chain and motorcycle and on many occasions they had threatened to kill her. On 26.02.2017 some altercation took place between the deceased and accused
Patna High Court Cr.Misc. No.27418 of 2017 (4) dt.26-07-2017 2/3 persons and thereafter she jumped over the railway track before a running train.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. Being the husband he was living happily with his wife and children and there was no demand of dowry or threatening and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State submits that the petitioner, who is the husband, and in-laws had tortured the deceased for non-fulfilment of demand of dowry and after death of his brother, petitioner was having illicit relationship with his bhabhi, as supported by the prosecution.
Be that as it may, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rail, Gaya in connection with Sasaram Rail P.S. Case No. 24 of 2017 after completing four months in custody from today (26.07.2017), subject to the condition that petitioner will appear before the learned
Patna High Court Cr.Misc. No.27418 of 2017 (4) dt.26-07-2017 3/3 Court below as and when required and failure to appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T