Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32185 of 2023 Arising Out of PS. Case No.-219 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Guddu Kumar Son Of Shivnath Prasad Resident Of Mohalla - Bigrahpur, P.S.- Jakkanpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Rathour For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3. Petitioner is said to have committed murder of the daughter of the informant by throwing her from the roof.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is no eye witness to the occurrence. He submits that independent witnesses have not supported the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.32185 of 2023(4) dt.18-09-2023 2/2

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jakkanpur P.S. Case No. 219 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further conditions:

(i) Petitioner shall cooperate in the trial.

(ii) Petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (Anjani Kumar Sharan, J) devendra/- U T