Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29636 of 2017 Arising Out of PS.Case No. -516 Year- 2016 Thana -BIHTA District- PATNA ======================================================
1. Gautam Kumar S/o Shambhu Sao, R/o-Vill-Dominiyan Pool, Bihta, P.S.- Bihta, District-Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Bihta P.S. Case No. 516/16 for offences punishable under Sections 498-A, 304-B, 120-B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution case, as lodged by the informant, who is the mother of the victim lady Rani Devi, is that she was being tortured by her husband and in-laws for non-fulfillment of demand of dowry of Rs. 2 lakhs and gold chain.
It has been submitted by the learned counsel for the petitioner that he is innocent and being dewar of the
Patna High Court Cr.Misc. No.29636 of 2017 (2) dt.10-07-2017 2/3 deceased has falsely been implicated in the aforesaid case. He submits that the allegations are general and omnibus and the husband of the deceased is in custody and the mother-in-law and one another co-accused have already been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 9282 of 2017 on 24.03.2017. However, learned counsel for the informant submits that the deceased Rani Devi succumbed to 90% burn injury, which is attributable to the petitioner and inlaws of the deceased, hence, vehemently opposes the prayer for bail.
Learned APP for the State also opposes the prayer for bail.
Be that as it may, since the mother-in-law and another co-accused have been granted the privilege of bail, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 516/16, subject to the condition that the petitioner will appear before the court below during trial on each and every date and failure to
Patna High Court Cr.Misc. No.29636 of 2017 (2) dt.10-07-2017 3/3 appear on three consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T