Santosh Kr. Gupta @ Santosh Kumar @ Santosh Kumar Gupta @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83665 of 2019 Arising Out of PS. Case No.-359 Year-2019 Thana- BEUR District- Patna ====================================================== 1.

SANTOSH KR. GUPTA @ SANTOSH KUMAR @ SANTOSH KUMAR GUPTA @ MUNNA KUMAR Son of Late Kedar Prasad Gupta Resident of Mohalla - Sipara, Harishchandra Nagar, P.S.- Beur, Distt - Patna. 2.

Heeramani Devi Wife of Late Kedar Prasad Gupta Resident of Mohalla - Sipara, Harishchandra Nagar, P.S.- Beur, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Beur P.S. Case No. 359 of 2019, disclosing offence under Sections 302/34 of the Indian Penal Code.

The petitioner no. 1 is full brother of the deceased whereas petitioner no. 2 is the mother of the deceased and informant is the wife of the deceased. It is alleged in the F.I.R. that the informant received information, regarding death of her husband by petitioner no. 1. Only on the basis of suspicion, that the petitioners might have administered poison to the deceased, leading to his death, these petitioners have been named in the

Patna High Court CR. MISC. No.83665 of 2019(3) dt.02-07-2020 2/2 F.I.R.

Considering the fact that suspicion is the only basis for implication of these petitioners, in my opinion, a case for grant of anticipatory bail is made out, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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.-III, Patna in connection with Beur P.S. Case No. 359 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) AKASH/- U T