Saroj Kumar Gupta @ Saroj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31297 of 2023 Arising Out of PS. Case No.-23 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== SAROJ KUMAR GUPTA @ SAROJ KUMAR SAH SON OF RAM KARAN SAH Resident of village-Laukaha, P.S.-Laukaha, District-Madhubani ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023

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

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 304(B) and 120(B)/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioner have killed the daughter of the informant by strangulation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is husband of the deceased. He submits that there is no external injury found on the neck, head or the body of the deceased. He further submits that as per post-mortem report, the victim was died due to

Patna High Court CR. MISC. No.31297 of 2023(2) dt.17-07-2023 2/2 "sever anaemia caused by cardiac failure". He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances and the fat that post-mortem report does not support the prosecution case, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Laukaha P.S. Case No.23/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T