Gautam Jha @ Magnu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62490 of 2022 Arising Out of PS. Case No.-15 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== Gautam Jha @ Magnu Jha S/o Late Raj Karan Jha R/o Village- Amaithi, P.S.- Bahera, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Jha with Mr. Rajesh Kumar Jha, Advocates For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The allegation against the petitioner along with four others is of killing the elder daughter of the informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.62490 of 2022(4) dt.20-03-2023 2/3 in the present case due to ill-motive and village party politics. He submitted that the deceased was solemnized her marriage with the petitioner on 30.06.1999 and from such marriage, they were blessed with a son. No such offence as alleged in the FIR and case diary is made out against the petitioner. He further submitted that during investigation of the case, the police has not found any evidence with regard of demand of dowry or abuse/assault to the deceased by the petitioner or other coaccused persons. There is no consistent evidence and no eyewitness is brought on record to show the involvement of the petitioner in the alleged crime. The petitioner has no criminal antecedent as stated in para-3 of the bail petition. It is also submitted that petitioner is languishing in judicial custody since 11.01.2021.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bahera P.S. Case No. 15 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.62490 of 2022(4) dt.20-03-2023 3/3 sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Benipur (Darbhanga). (Sunil Kumar Panwar, J) Arish/- Sushma/- U T