← Library
Patna High CourtCR. MISC./47199/2024bail granted

Gaurav Kumar Singh v. The State Of Bihar

2024-09-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47199 of 2024 Arising Out of PS. Case No.-467 Year-2023 Thana- Kharagpur District- Munger ====================================================== GAURAV KUMAR SINGH SON OF MITHLESH PRASAD SINGH @ MITHLESH SINGH R/O- PAHARPUR, P.S.- SHAMPUR, MUNGER, BIHAR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2024

1. Heard the parties.

2. The petitioner seeks regular bail in connection with Kharagpur P.S. Case No. 467 of 2023 dated 18.07.2023 registered for the offence under Section 306 of the I.P.C.

3. As per the prosecution case on 17.07.2023 in the night at about 10-10:30 P.M. the informant's husband received a phone call and after that he became disturbed. When the informant enquired from her husband about the caller, he did not tell anything to her. Subsequently, the informant's husband locked himself in a room and after some time when the door was broken, the informant's husband was found hanging with a rope.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to some previous dispute as the petitioner and the informant are

Patna High Court CR. MISC. No.47199 of 2024(3) dt.13-09-2024 2/2 neighbours. Learned counsel further submits that from the F.I.R. it would be evident that the deceased did not disclose the name of the caller to the informant and there is no material in the F.I.R. or during investigation that the call was made by the petitioner. There is no proximity of time between the call received by the deceased and suicide committed by him. Similarly situated co-accused / Shakti Kumar Singh has been granted anticipatory bail by this Court in Cr. Misc. No. 49973 of 2024. The petitioner is in custody since 09.04.2024.

5. Regard being had to the submissions made by the parties, taking into consideration the nature of allegation and the fact that similarly situated co-accused has been granted anticipatory bail by this Court, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger in connection with Kharagpur P.S. Case No. 467 of 2023.

(Anil Kumar Sinha, J) praful/- U T