Chandan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58127 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== CHANDAN KUMAR GUPTA SON OF LATE DILIP SAH @ DILI KUMAR SAH @ GUPTA R/O VILLAGE- SUNDERPUR, P.S. AND P.O.- PIRPAINTI, DISTRICT- BHAGALPUR, BIHAR- 813209 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.M.N. Parbat, Sr. Adv.
Mr. Parveen Prabhakar, Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304 (B)/34 of the Indian Penal Code.
Allegedly, after few days of marriage, the petitioner along with other members of his family, started demanding dowry of one lakh from the informant's daughter. Her father gave Rs. 1,00,000/- to her son-in-law. But after sometime, they again started torturing her. On 01.12.2021, the informant received information that her daughter is not well and thereafter at 09.00 p.m., information came to know that her daughter has died. It is submitted by learned senior counsel for the
Patna High Court CR. MISC. No.58127 of 2022(3) dt.06-02-2023 2/3 petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. The allegation levelled against the petitioner is false and baseless. It was further submitted that the death of the informant's daughter caused by natural death as she was suffering from Endometrial hyperplasia and Mucinous cystadenoma and she had been under treatment since 01.12.2021. It was further submitted that Doctor also not found any external injury on the body of the deceased. This fact is evident from the perusal of the postmortem report of the deceased. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the death of the informant's daughter caused by natural death as she was suffering from many gynecological diseases, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.58127 of 2022(3) dt.06-02-2023 3/3 below where the case is pending/successor Court in connection with Pirpainti P.S. Case No. 291 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T