Sanjay Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48005 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================
1. Sanjay Gupta Son of Late Rambali Prasad Resident of Village & P.S. Karpi District- Arwal.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A. P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under sections 302, 328, 120(B), 201/34 of the Indian Penal Code.
It is alleged that the informant was married with deceased Dhananjay Gupta about three years back. After six months of the marriage there was scuffle between her husband and her mother-in-law as a result of which she was sent to her Naihar by her mother-in-law. It is further alleged that the informant managed some cash from her parents and her husband started business of grocery shop. All the accused persons made pressure upon her husband to make assault for motor cycle. About ten days
Patna High Court Cr.Misc. No.48005 of 2016 (4) dt.17-01-2017 2/3 prior to the instant occurrence she had gone to her parent's house and at the same time her husband told her that he will be killed by the family members. The informant on 17.06.2015 at about 5.00 P.M. got information that her husband has been killed by administering poison and found that his dead body has been cremated.
Learned A.P.P. has stated that in paragraph 45 of the case diary there is supervision note of the police in which suspicion has been raised against the petitioner. Learned counsel for the petitioner has referred to paragraphs 6,7,8,12, 38,39, 49 and 52 of the case diary and submitted that none of the witnesses has leveled any allegation against the petitioner rather the witnesses have stated that the deceased used to live depressed and, therefore, she has consumed poison due to depression. The petitioner is said to be the elder brother of the deceased i.e., the husband of the informant. He is said to be in custody since 05.09.2016.
In the facts and circumstances stated above, the petitioner above named is directed to be released 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 learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S.
Patna High Court Cr.Misc. No.48005 of 2016 (4) dt.17-01-2017 3/3 Case No. 103 of 2015. Both the bailors shall be the close relation of the petitioner.
(Sanjay Priya, J) Amin/- U