Gautam Kumar @ Gautam Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73394 of 2018 Arising Out of PS. Case No.-398 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gautam Kumar @ Gautam Tanti, son of Lalan Kumar Tanti @ Lalan Tanti, resident of village Kiul Basti Gosai Tola, Ward No. 21, P.S. Lakhisarai, Distt. Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajkishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Lakhisarai (Kabaiya) P.S. Case No. 398 of 2017 instituted for the offence under Section 302 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. His name has come during investigation in paragraph-45 and 50 of the case diary as would appear from the impugned order.

The informant alleged in the Fard-e-beyan that he had gone to Surya Narayan Ghat on the occasion of 'Chhat' festival. His wife had also gone there with other women of the village. She returned to the house from Surya Narayan Ghat before him. While the informant was returning from the Ghat

Patna High Court Cr.Misc. No.73394 of 2018(3) dt.09-01-2019 2/2 he got information that his wife has been killed. He found her dead body in front of the house of Sunil Pandit with pool of blood. He further alleged that some unknown person has killed his wife with sharp cutting weapon.

In this manner, only suspicion has been raised against the petitioner. The Sessions Judge has mentioned in the impugned order that witnesses in paragraph-45 and 50 of the case diary have supported the case of prosecution. Petitioner is in custody since 8.6.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No. 398 of 2017 subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T