Rahul Kumar Gupta @ Vickey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65962 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== RAHUL KUMAR GUPTA @ VICKEY SON OF VISHWANATH PRASAD @ VISHWANATH SAH RESIDENT OF VILLAGE- JOGINIA KOTHI, PSTOWN, DISTT- SARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.R. Bakshi, Sr. Adv.
Mr. Manish Kumar Singh, Adv.
Mr. Suman Kumar Singh, Adv.
For the informant : Mr. Vijay Anand, Adv. For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chapra Town P.S. Case No. 385 of 2023 dated 10.05.2023 registered for the offences punishable u/ss 304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of Rs. 5 lakh as dowry.
Patna High Court CR. MISC. No.65962 of 2023(9) dt.28-06-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the petitioner is the husband of the deceased and he has neither demanded any dowry nor tortured the deceased. The co-accused person has already been granted anticipatory bail by this court vide order dated 04.01.2024 passed in Cr. Misc. No. 68859 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2023.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Chapra Town P.S. Case No. 385 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.65962 of 2023(9) dt.28-06-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T