Nandlal Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14366 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- VIJAYEPUR District- Gopalganj ====================================================== Nandlal Gupta Son of Late Suraj Sah Resident of village - Farusahan, P.S.- Bijayipur, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Vijayepur P.S. Case No. 181 of 2021 registered for the offences under Sections 304-B/34 of the Indian Penal Code. Allegedly this petitioner and his family members including the husband of the deceased have physically and mentally tortured the deceased and demanded Rs. 4 lakh for setting up a shop and later on the accused persons killed the deceased and hanged her.

The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail since 05.09.2021, as per the FIR the alleged demand was

Patna High Court CR. MISC. No.14366 of 2022(2) dt.13-07-2022 2/3 for setting up a shop which does not come under the purview of dowry as defined in Dowry Prohibition Act and the petitioner is 60 years old having relationship of father-in-law with the deceased and in the alleged crime any specific act or role of the petitioner has not been mentioned.

Learned counsel for the informant as well as learned APP appearing for the State has opposed the bail prayer and it is submitted that the deceased was killed by the accused persons by strangulation and it is a serious allegation against the petitioner Heard both the sides and perused the FIR. As per the allegation made in the FIR, the specific role in committing the alleged cruelty for the demand of dowry is against the deceased's husband, mother-in-law and husband's sister. Any specific role of the petitioner in committing the alleged cruelty with the deceased has not been revealed and petitioner is stated to be father-in-law of the deceased and as per his petition he is 60 years old person and is languishing in jail since 05 September, 2021 and the deceased's husband is behind the bars. Accordingly, in my view a lenient approach can be taken in respect of petitioner's prayer let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with

Patna High Court CR. MISC. No.14366 of 2022(2) dt.13-07-2022 3/3 two sureties of the like amount each to the satisfaction of concerned Court in Connection with Vijayepur P.S. Case No. 181 of 2021.

(Shailendra Singh, J) sangam/- U T