Amit Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57331 of 2015 Arising Out of PS.Case No. -217 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Amit Kumar Gupta S/o Late Shiv Shankar Prasad Gupta Resident of Village- Kali Bazar, Ward No. 13 P.S. & District- Araria. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Araria P. S. Case No. 217 of 2015 registered under Section 304-B and 201/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
It is contended that there is no truth behind the allegation made in the FIR. The victim died due to accidental fire. A report in this regard was also made to the police on the basis of which U.D. Case No. 5 of 2015 was instituted on 07.05.2015. The informant of the case instituted the present case after three days of the alleged incident on 10.05.2015 and
Patna High Court Cr.Misc. No.57331 of 2015 (3) dt.05-02-2016 2/2 made completely false and baseless allegations against the petitioner.
Referring to the certain paragraphs of the case-dairy, learned counsel for the State has also conceded that during investigation, it has come to light that an accidental fire had broken out and an emergent information was given to fire rescue service provider and, accordingly, a fire fighter vehicle has also come at the place of occurrence but, despite efforts of the petitioner and other family members, the deceased could not be saved. However, he has opposed the bail on the ground that several witnesses have supported the allegation that the victim was killed in her marital home due to non-fulfilment of dowry. Regard being had to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Araria P. S. Case No. 217 of 2015.
(Ashwani Kumar Singh, J.) Kanchan/- U T