Gautam Kumar @ Gautam Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72985 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- SAHARSA DistrictSaharsa ====================================================== Gautam Kumar @ Gautam Kumar Sah Son of Deo Narayan Sah, resident of Village- Saharsa, Police Station- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Ms. Renuka Ratnakar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B), 302, 201/34 IPC registered in connection with Saharsa Sadar P.S. Case No. 236 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with accidental death of his wife merely because he happens to be the husband of the deceased. As a matter of fact, the deceased was sustained burn injury owing to gas cylinder leakage while cooking and she was taken to Surya Hospital, Saharsa for treatment, from where she was referred for further treatment and died midway. The informant was notified about the injury by the petitioner's father upon which he came to Saharsa and found his daughter in injured condition. After her death, members of both families were participated in the cremation of the body. The petitioner claims clean antecedents.

4. Learned APP refers to the case diary, but is unable to point out any objective materials against the petitioner. In para 7 the restatement of the informant has been recorded wherein he has stated

Patna High Court Cr.Misc. No.72985 of 2018(3) dt.18-01-2019 2/2 that he was present at the time of deceased's treatment at Saharsa and subsequently when she died. This is borne out from the statement of the uncle of the deceased as well.

5. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 236 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii.

That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T