Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73940 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- AMBA District- Aurangabad ====================================================== GUDDU KUMAR SON OF RAJENDRA YADAV R/O VILL.- BELAI, P.S.- AMBA, DISTT.,- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta For the Informant Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 304(B)/201/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was done to death and with a view to wipe off the evidence, they thrown her dead body in a canal. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of deceased and has been falsely implicated in this case. He has never demanded any

Patna High Court CR. MISC. No.73940 of 2022(3) dt.15-05-2023 2/2 thing from the deceased. There is no prior complain regarding harassment or torture by the petitioner in respect of dowry demand. Out of the said wedlock, there are two children and both are living with the family member of the petitioner. Dead body of the victim was thrown but frothing material & liquid could not have found in the lungs. No one is the eye witness of the alleged occurrence. Petitioner is languishing in judicial custody since 27.08.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant.. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 213 of 2022.

(Sunil Kumar Panwar, J) sushma/- U