Prabhunath Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30792 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -BHORE District- GOPALGANJ ======================================================
1. Prabhunath Gupta S/o Motilal Gupta R/o village - Dumar Narendra, P.S. Bhorey, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Smt. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Sarita Devi, the daughter of the informant, was married with the petitioner ten years ago and she was burnt to death by the petitioner and his family members and her dead body was also made traceless.
Submission is of false implication and that the independent witnesses vide paragraphs- 10, 11, 12 and 13 of the case diary have stated that the petitioner did not agree to visit Mela at the time of Dashara festival and then she being annoyed committed suicide and the petitioner is suffering in custody since
Patna High Court Cr.Misc. No.30792 of 2015 (3) dt.30-10-2015 2/2 02.06.2015 having no criminal antecedent.
The learned A.P.P. opposes prayer for bail by submitting that the dead body has been made traceless by the petitioner and others.
In the facts and circumstances as stated above, considering statement of the independent witnesses as stated above, the petitioner is directed to 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 C.J.M. Gopalganj in Bhorey P.S. Case No. 190 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T