Guddu Sah @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62884 of 2022 Arising Out of PS. Case No.-158 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== Guddu Sah @ Guddu Kumar Son Of Chotelal Sah Resident Of VillageKoilam, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 504, 506, 304(B), 201, 34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased. There is general and omnibus allegation

Patna High Court CR. MISC. No.62884 of 2022(4) dt.19-05-2023 2/3 against the petitioner. The deceased was suffering from COVID-19 and she died due to COVID-19. The petitioner informed the informant's side about the death of his wife and they had participated in the funeral of the deceased and thereafter lodged the present case. There are two children out of the wedlock and both are presently residing with the petitioner. There is no any prior complaint of dowry or assault or misbehavior against the petitioner. The petitioner is languishing in custody since 31.05.2022.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and the petitioner himself called the informant's side that victim had committed suicide by hanging. There are video footage of the funeral of the deceased which shows that huge number of villagers are available in the last rites which is precisely not possible, if the deceased,

Patna High Court CR. MISC. No.62884 of 2022(4) dt.19-05-2023 3/3 as alleged, died due to pandemic COVID-19.

Considering the facts aforesaid aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 158 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T