Patna High CourtCR. MISC./45638/2024bail granted

Gautam Kumar @ Goutum Kumar v. The State Of Bihar

2024-07-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45638 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Gautam Kumar @ Goutum Kumar Son of Late Bishwanath Sao R/O VillageKabaiya Chowk, Ward no. 32, P.S.- Lakhisarai, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kabaiya P.S. Case No. 06 of 2024 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. The petitioner is the husband of the deceased who is alleged to have tortured and assaulted the deceased and thereafter she was admitted in a hospital where she died.

4. It has been submitted by the learned counsel for the petitioner that the deceased had filed an application for divorce by mutual consent and she died at her father's place (mayaka) and there is no ante-mortem injury to support the prosecution case. He further submits that the cause of death of the deceased is still unknown and viscera has been sent to the FSL, the report of which is awaited.

Patna High Court CR. MISC. No.45638 of 2024(2) dt.03-07-2024 2/2

5. Mr. Jharkhandi Upadhyay, learned APP has gone through the case diary and has submitted that in the case diary also it has also come that the deceased was staying at her father's place.

6. The petitioner is in jail since 01.03.2024.

7. Considering the fact that the deceased died at her father's place and there is no ante-mortem injury which falsifies the prosecution case, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Kabaiya P.S. Case No. 06 of 2024.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) P. Kumar U T