Leela Kant Gupta @ Leela Kant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86543 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== LEELA KANT GUPTA @ LEELA KANT SAH S/o- Bhamdeo Sah R/o Village- Basania, - Ward No. - 14, P.S.- Laukaha, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Murlidhar Mishra Mr. Shubhesh Pandey For the State :

Mr. Bal Mukund Prasad Sinha For the Informant : Mr. Shakti Suman Kumar Mr. Rajesh Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

It has been alleged in the F.I.R. that the deceased has been done to death by means of a spade. The motive for the occurrence, it has been suspected in the F.I.R., is illicit relationship of the petitioner (husband of the deceased) with his sister-in-law.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. No case is made out against the petitioner and doctor has

Patna High Court CR. MISC. No.86543 of 2019(16) dt.21-12-2021 2/2 opined the reason of death as cardiac failure. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Charge sheet has been submitted under Section 306 IPC. Petitioner has no criminal antecedent. Learned counsel for the informant states that he has no instruction by the informant as such he is unable to assist the Court.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Laukaha P.S. Case No. 202 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Pursuant previous order dated 29.11.2021, the Deputy Superintendent of Police (Headquarter), Madhubani is present before the Court. His presence is now dispensed with. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T