Dinesh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23493 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dinesh Prasad Gupta S/o Late Janakdhari Prasad Gupta, R/o Vill.- Bijbani, P.S.- Jitna (Ghorasahan), District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 5.2.2018, seeks bail in Ghorasahan (Jharokhar) PS Case No. 73 of 2017 registered under Sections 302 and 201/34 of the IPC.

The allegation in brief is that the informant's younger brother had gone along with Sanjay Sah but he did not return back, later on his dead body was found and he was killed by someone, during investigation it transpired that the deceased had illicit affairs with one Shanti Devi and on account of that her family members and relatives killed him.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, after ten months of the occurrence so called recovery of mobile claimed to be of the deceased is false be cause the IMEI number of mobile of the deceased was not recovered from the possession of the petitioner, the mobile recovered from the petitioner bears different IMEI number and those mobiles are his personal mobiles. It is further submitted that the deceased was killed because of illicit relationship with one Shanti Devi and Shanti Devi and Mishri Lal, one of her relative, have been admitted to bail by a

Patna High Court Cr.Misc. No.23493 of 2018 (4) dt.17-07-2018 coordinate Bench of this Court vide Cr. Misc. No. 35606 of 2017. Learned Counsel appearing on behalf of the State also concedes that the mobile recovered from the house of the petitioner does not bear the IMEI number of the deceased mobile. Having considered the said facts and circumstances, the petitioner, namely, Dinesh Prasad Gupta is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Sikrahna at Dhaka, East Champaran in connection with Ghorasajhan (Jharokhar) PS Case No. 73 of 2017.

(Arun Kumar, J) Snkumar/- U T