Subhash Prasad Gupta @ Subhash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28294 of 2019 Arising Out of PS. Case No.-256 Year-2015 Thana- PARBATTA District- Khagaria ====================================================== SUBHASH PRASAD GUPTA @ SUBHASH GUPTA, Son of Dinesh Gupta @ Dinesh Das. Resident of Village- Khiradih, P.S.- Parbatta, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Petitioner is in custody since 16.11.2017. He is husband of the victim of dowry death.

Earlier, prayer for bail was refused on 20.06.2018 in Criminal Miscellaneous No.10071 of 2018 with direction to the learned trial judge to conclude the trial preferably within nine months. The petitioner was allowed liberty to renew his prayer before the court below itself, if the trial is not concluded within the aforesaid period.

The impugned order reveals that charges have been

Patna High Court CR. MISC. No.28294 of 2019(2) dt.08-05-2019 2/2 recently framed on 31.01.2019. No prosecution witness has been examined, as yet.

Considering the entire facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Parbatta Police Station Case No.256 of 2015, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T