Dina Nath Gupta @ Dina Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71407 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Dina Nath Gupta @ Dina Nath Sah Son of Late Jagar Nath Sah 2.

Ravi Gupta @ Ravi Shankar Gupta Son of Dinanath Gupta @ Dinanath Sah 3.

Ashapatali Devi Wife of Dinanath Gupta @ Dinanath Sah All Residents of Village- Gobarachh, P.S.- Bhagwanpur, District- Kaimur (Bhabua).

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Bhagwanpur P.S. Case No.152 of 2019 registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

Accusation against the petitioners of killing the daughter of the informant due to non-fulfilment of dowry. The daughter of the informant, namely, Sumtra Devi was married to one Hari Shankar Gupta, son of petitioner no.1 Dinanath Gupta in the year 2005 and after few days, son-in-law of the informant used to demand money.

It was submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.71407 of 2019(2) dt.19-11-2019 2/2 that petitioner nos.1 and 3 are father-in-law and mother-in-law of the deceased and petitioner no.2 is dever of the deceased. He further submits that similarly situated accused persons have been granted privilege of anticipatory bail vide order dated 06.11.2019 passed in Cr.Misc.No.69556 of 2019. He submits that the impugned order itself shows that the deceased was suffering from heart ailment and she was taken to hospital for treatment.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let both the petitioners, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Kaimur (Bhabua), in connection with Bhagwanpur P.S. Case No.152 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) nawalkrs/- U T