Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32045 of 2025 Arising Out of PS. Case No.-182 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Gautam Kumar son of Late Girish Singh Village- Kumar Ps, Sikandra, Po and Ps- Sikandra, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shilpi Keshri,Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Pakribarawan P.S. Case No. 182 of 2024 registered for the alleged offences under Section 302, 201/34 of the Indian Penal Code.

03. As per prosecution case, the daughter of the informant was married with co-accused Dilkhush Kumar and the allegation is that the co-accused persons used to physically and mentally torture the daughter of the informant for non-fulfillment of demand of dowry. On 20.04.2024, the informant got the information that her daughter was killed and dead body was made to disappear. The name of the petitioner transpired during investigation for also being involved along with other co-accused

Patna High Court CR. MISC. No.32045 of 2025(2) dt.20-05-2025 2/3 persons in the killing of the daughter of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not been named in the FIR and no allegation has been levelled against him. Further in course of investigation the petitioner was named in this case saying that he was also present when the dead body was being disposed of. But there is no evidence to link the petitioner with the alleged offence. The petitioner has been named in this case because he is one of the family friends of the husband of the deceased and there is no allegation that he ever demanded any dowry or tortured the daughter of the informant.

Learned counsel further submits that during investigation it has come that the daughter of the informant committed suicide and on this ground a number of co-accused persons have been enlarged on anticipatory bail by a Co-ordinate Bench of this Court vide order dated 03.07.2024 passed in Cr. Misc. No. 45267 of 2024, order dated 20.09.2024 passed in Cr. Misc. No. 60237 pf 2024 and order dated 20.09.2024 passed in Cr. Misc. No. 49017 of 2024. The case of the petitioner is on much better footing. The petitioner has got no criminal antecedents.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.32045 of 2025(2) dt.20-05-2025 3/3 submission made on behalf of the parties and considering the vague nature of allegation agianst the petitioner and further considering grant of anticipatory bail to other co-accused persons and also considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned A.C.J.M.-II, Nawada/court concerned in connection with Pakribarawan P.S. Case No. 182 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Anuradha/- U T