Gurudutta Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37331 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== Gurudutta Pathak Son of Shiv Kumar Pathak Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Neema Chandpura P.S. Case No. 20 of 2022 lodged under Section 306 of the I.P.C.
As per the prosecution case, the informant in the burned stage has narrated the content of FIR in which she has accepted that in the state of anger she poured kerosene oil on herself and burned herself. Learned counsel submits that petitioner is the husband of the deceased and he is innocent and has committed no offence. The petitioner is in custody since 30.04.2022 and charge sheet has already been filed in this case.
Patna High Court CR. MISC. No.37331 of 2022(2) dt.22-09-2022 2/3 Learned counsel further submits that petitioner is having 1 criminal antecedent in which he has been acquitted. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of J.M.-Ist Class, Begusarai in connection with Neema Chandpura P.S. Case No. 20 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal
Patna High Court CR. MISC. No.37331 of 2022(2) dt.22-09-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T