Guddu Kumar @ Gupteshwar Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79678 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Guddu Kumar @ Gupteshwar Kuar, Son of Surendra Kuar, Resident of Village - Mairwa Karan, P.S.- Kuchaikot, District -Gopalganj ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kuchaikote P.S. Case No. 69 of 2017 registered for the offence punishable under Sections 304(B), 120(B) of the Indian Penal Code.

Allegation against the FIR named accused is to kill the daughter of the informant for non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has

Patna High Court Cr.Misc. No.79678 of 2018(3) dt.25-02-2019 2/3 further been submitted that petitioner is brother-in-law (Bhaisur) of the deceased and he is handicapped to the extent of 55% and he is unable to move frequently. Similarly, situated coaccused person has been granted bail vide order dated 04.12.2018 passed in Cr. Misc. No. 68898 of 2018. Petitioner has got no criminal antecedent and is in custody since 27.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gopalganj in connection with Kuchaikote P.S. Case No. 69 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.79678 of 2018(3) dt.25-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U