Gautam Singh @ Gautam Kumar @ Fautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77569 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- TEKARI District- Gaya ====================================================== GAUTAM SINGH @ GAUTAM KUMAR @ FAUTAM KUMAR, (Male), aged about 25 years, Son of Late Sunil Singh, Resident of Village - Chiraili, P.S.- Tekari, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Deepak Kumar, Advocate.

For the Opposite Party :

Mr.Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the husband of the deceased. The deceased is said to have died while she was

Patna High Court CR. MISC. No.77569 of 2019(2) dt.28-11-2019 2/2 carrying pregnancy of five months. The informant has filed a petition on 31.07.2019 before the court of learned A.C.J.M.-VI, Gaya, where he has retracted from his statement made in the F.I.R. and has admitted that in course of treatment, the deceased is said to have died. The same is annexed as Annexure-2 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gaya, in connection with Tekari P.S. Case No. 201 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T