Rakesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65496 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Rakesh Gupta S/O Panchit Shah Village- Luhasi, PS. Uchakagaon, Dist. Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the sister of the informant by all her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.65496 of 2023(4) dt.22-01-2024 2/3 been implicated in this case. The petitioner is husband of the deceased. The marriage was performed 15 years prior to the date of occurrence and there is no any prior complaint against the petitioner. The informant in his deposition before the Court below has denied the allegation as levelled against the petitioner. The deposition of the informant has been brought on record by way of supplementary affidavit. The petitioner is in custody since 28.10.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, 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 learned Additional Sessions Judge-

Patna High Court CR. MISC. No.65496 of 2023(4) dt.22-01-2024 3/3 XIII, Gopalganj in connection with Uchakagaon P.S. Case No. 386 of 2022 (Sessions Trial No. 230 of 2023). (Sunil Kumar Panwar, J) Shageer/- U T