Chintu Gupta @ Chintu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45905 of 2019 Arising Out of P.S. Case No.-288 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chintu Gupta @ Chintu Kumar Gupta, aged about 33 years, Male, Son of Harihar Sah Resident of Village - Bhabua Ward No. 25, P.S.- Bhabua, Distt - Kaimur at Bhabua.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Bhabua P.S.Case No.288 of 2019 registered for an offence under Section 302 of the Indian Penal Code.

As per prosecution case, the petitioner committed murder of informant's daughter, who happens to be his wife by strangulating her as he had extra-marital relation with some one and he was in habit of torturing her.

It is submitted on behalf of the petitioner that, in fact, informant's daughter committed suicide as she was an illtampered lady and had suspicion that the petitioner was entangled with another lady. Further, the marriage took place

Patna High Court CR. MISC. No.45905 of 2019(3) dt.25-09-2019 2/2 nine years before the occurrence. Nothing incriminating against the petitioner has come during investigation. It is also submitted that chargesheet has already been submitted. Petitioner has got clean antecedent and he is in custody since 29.05.2019. In view of the aforesaid facts, let the above named petitioner 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 learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S.Case No.

288 of 2019 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr.