Ritesh Kumar @ Guddu Singh @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23793 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== Ritesh Kumar @ Guddu Singh @ Guddu Son Of Late Upendra Singh Resident Of Village - Etwarpur, Lalu Path, P.O. - Kurthaul, P.S. - Parsa Bazar, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Ranjan For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304(B) of the Indian Penal Code.
3. It is a case of dowry death of the informant's sister by the petitioner along with his family members due to nonfulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no prior complaint in respect of torture and harassment. It is further submitted from para-11 of this petition that petitioner came to know that the
Patna High Court CR. MISC. No.23793 of 2024(4) dt.15-05-2024 2/3 deceased has also a minor child from her deceased ex-husband and after leaving her minor child, this marriage has been solemnized with this petitioner under pressure from her family members just after few months of the death of her husband by separating her child. Due to this, she was in the state of depression and petitioner tried to keep his wife happy but she was not happy. As a result, she suffered from deep depression and ended her life by committing suicide in absence of this petitioner. Petitioner has no role in committing murder of his wife. It is also submitted from para-12 that the deceased was appeared in the exam of CTET and its result has published in which she could not pass in the said exam and this can also be the reason of her suicide.
From perusal of the postmortem report, it shows that the cause of death of the deceased is asphyxia leading to hanging. During investigation, vide para-28, 29, 38, 51 and 52, witnesses stated that the deceased committed suicide herself. Moreover, the petitioner is languishing in judicial custody since 29.09.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as
Patna High Court CR. MISC. No.23793 of 2024(4) dt.15-05-2024 3/3 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Parsa Bazar P.S. Case No. 485 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Patna.
(Sunil Kumar Panwar, J) Shubham/- U T