Guddu Das @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66401 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- BIKRAM District- Patna ====================================================== Guddu Das @ Guddu Kumar Son of Late Ravindra Das Resident of VillageDanara, P.S.- Bikaram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case as per the fardbeyan of Chandeo Das recorded by S.I. Ramakant Prasad of Bikram P.S. on 03.07.2019 at 8.55 A.M., is to the effect that on the same day the informant was at his daughter's house when he received an information that his son has died, whereupon the informant reached at his house and saw his son's dead body. Subsequently, he came to know that his son had a fight with the daughter-inlaw, Chandrawati Devi and his grandson, Guddu Das (the petitioner) and they assaulted his son, as a result, his son died.

Patna High Court CR. MISC. No.66401 of 2019(3) dt.05-03-2020 2/3 It is submitted by learned counsel for the petitioner that on the basis of suspicion, the accusation has been levelled against the petitioner. The petitioner is the grandson of the informant and the injury has found on the head of the victim but it is submitted by learned counsel for the informant that the deceased received that injury on his head since he had fallen down while he was in intoxicated condition and subsequently, when the informant came to know about actual reason of his son's death, hence, he is not opposing the prayer for anticipatory bail of the petitioner. It is further submitted by learned counsel for the petitioner that the wife of the victim, co-accused Chandrawati Dev and similarly situated co-accused, has been granted bail by Co-ordinate bench of this Court vide order dated 03.12.2019 passed in Cr. Misc. No. 65594 of 2019. It is further submitted that there is no eye witness to the alleged occurrence and there is no apparent motive for killing the son of the informant by the petitioner.

Learned APP after going through the case diary submits that the petitioner is named in the FIR with specific accusation.

Considering the suspicious nature of accusation and the fact that the wife of the victim, co-accused Chandrawati

Patna High Court CR. MISC. No.66401 of 2019(3) dt.05-03-2020 3/3 Devi has been granted bail by Co-ordinate bench of this Court, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur in connection with Bikram P.S. Case No. 203 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T