Dharamdeo Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71595 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Dharamdeo Gupta S/O- Anand Lal Gupta R/O- Village- Mahdeva, P.S.- Laukahi, Dist.- Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Mayank Raj Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 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 304(B), 302/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they killed the informant's daughter due to non fulfillment of dowry demand. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71595 of 2023(6) dt.19-04-2024 2/3 petitioner that the petitioner is innocent and being the husband of the deceased, he has falsely been implicated in the present case. There is no prior complaint of torture and demand of dowry. There is no eye witness of the alleged offence rather the petitioner has been dragged in this case merely on the basis of suspicion. It is further submitted that information to the informant was given by the petitioner himself. In the objective finding to this effect also evidence was brought on record that the informant's daughter (deceased) was taken to Primary Health Centre, Laukahi for treatment which goes to show that the petitioner and her in-laws have tried to save her. Moreover, the petitioner is languishing in judicial custody since 28.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that petitioner

Patna High Court CR. MISC. No.71595 of 2023(6) dt.19-04-2024 3/3 is husband of the deceased and the death was caused within seven years of marriage.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed, in connection with Laukahi P.S. Case No. 25 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani.

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