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Patna High CourtCR. MISC./63338/2018bail granted

Suresh Gupta v. The State Of Bihar

2018-11-22Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63338 of 2018 Arising Out of PS. Case No.-106 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Suresh Gupta, S/o Rogi Gupta, Resident of Village- Khanethi, P.S.- Kudra, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Sharma, Advocate :

Mst. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kudra P.S. Case No. 106 of 2017 and S.T. Reg. No. 349 of 2017 registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code. Petitioner is the husband of deceased and informant is the father of deceased who has alleged that due to nonfulfillment of demand of dowry his daughter was killed. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. His wife was pregnant and due to complication in pregnancy she died. Petitioner has no criminal antecedent and he is in custody

Patna High Court Cr.Misc. No.63338 of 2018(3) dt.22-11-2018 2/2 since 09.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kaimur at Bhabhua, in connection with Kudra P.S. Case No. 106 of 2017 and S.T. Reg. No. 349 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T