Kanhaiya Gupta @ Kanhaiya Kumar Gupta @ Kanhai Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18198 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -CHANDMUNDI District- JAMUI ====================================================== KANHAIYA GUPTA @ KANHAIYA KUMAR GUPTA @ KANHAI GUPTA, son of Sri Krishna Prasad Gupta, resident of Vill- Madhopur, P.S. Chandramandi, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chandramandi P.S.Case No. 91 of 2016 registered for the offences punishable under Sections 498A and 304B of the Indian Penal Code.

Petitioner is the husband and the case is under Sections 498A and 304B IPC.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and, as a matter of fact, deceased has committed suicide by hanging herself and petitioner has informed to his in-laws and there is no allegation against him and he has remained in custody for six months. Heard learned APP also, who has opposed the prayer for bail but he has stated that paragraph-30 of the case diary shows that deceased was found hanging inside the room.

Patna High Court Cr.Misc. No.18198 of 2017 (3) dt.04-05-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jamui, in connection with Chandramandi P.S.Case No. 91 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U