Ashish Gautam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81317 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Ashish Gautam Son of Vinay Kumar Singh R/o vill - Dhobauli, P.s.- Bidupur, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 415 of 2022 for the offences registered under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, daughter of the informant was killed by the petitioner and her in-laws for nonfulfillment of demand of Bullet motorcycle.
4. Learned counsel for the petitioner submits that in the F.I.R., no specific allegation is levelled against the petitioner. He has been implicated in this case on the basis of personal grudge. The alleged demand of Bullet motorcycle has never been made by the petitioner and other co-accused.
5. Learned counsel appearing on behalf of the State
Patna High Court CR. MISC. No.81317 of 2023(3) dt.23-01-2024 2/2 assisted with learned counsel for the informant vehemently oppose the prayer for grant of bail to the petitioner and submit that petitioner is husband of the deceased. Allegation against the petitioner is that he killed the daughter of the informant.
6. Learned counsel for the informant submits that charge-sheet against the petitioner has already been submitted and charge has been framed against him and the trial has been started and the learned Court below has already granted liberty to renew the prayer of bail at later stage of trial at appropriate juncture.
7. Considering the submissions made on behalf of the parties, facts and circumstances and allegation against the petitioner who is husband of the victim, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected. (Sunil Dutta Mishra, J) rakhi/- U T