Uma Shankar Goand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48701 of 2014 Arising Out of PS.Case No. -179 Year- 2012 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Uma Shankar Goand son of Arjun Gound @ Arjun Jhagru Goand, R/O village Hlarpur P.S. Baghochl Ghat, Distt/Deoria (U.P.), present addressC/S Abhijit Cooprative Housing Society Sainath Nagar Road, Tyling Nala, Sopara Maharashtra.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. S.M.Rahman, APP For the informant : Mr. Nityanand Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard both sides.

The petitioner seeks bail in Bijaipur P.S.Case No.179 of 2012 registered under Sections 498A IPC and 3⁄4 of the D.P. Act. The wife made allegation of demand of dowry and torture against the petitioner. The petitioner was granted provisional bail by the learned Sessions Judge vide order passed in Cr.Misc.No.22985 of 2014. The wife was residing in her matrimonial house in the district Deoria. The provisional bail of the petitioner was cancelled on the ground that while she was living in the house of the petitioner an attempt was made to kill her by forcibly putting poison in her mouth by her father-in-law. It is submitted that the petitioner being the husband, is in jail since 15.10.2014.

Learnedly APP vehemently opposed the prayer for bail and submitted that the petitioner is the husband and while the informant was living in her matrimonial house, an attempt was made to kill her.

Patna High Court Cr.Misc. No.48701 of 2014 (3) dt.04-05-2015 2/2 From perusal of the complaint petition on the basis of which the present FIR was lodged, it appears tht the complainantinformant did not make any specific allegation against the petitioner. While the informant was living in her matrimonial house, the father-in-law of the informant forcibly put poison in her mouth but the informant did not make any allegation against the petitioner.

Considering the facts aforesaid and the fact that the petitioner is in jail for more than six and half months, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M, Gopalganj in connection with Bijaipur P.S.Case No. 179 of 2012. (Prabhat Kumar Jha, J) ahk/- U T