Patna High Court - Orders
Umesh Kumar Gupta vs The State Of Bihar on 16 December, 2015
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22072 of 2015
Arising Out of PS.Case No. -20 Year- 2013 Thana -SHIWAPATHI District- MUZAFFARPUR
======================================================
Umesh Kumar Gupta, Son of Ramshray Sah, R/O Village- Dharampur,
P.S- Siwaipatti, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
--------------
3 16-12-2015Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.820 of 2013, arising out of Siwaipatti P.S. Case No.20 of 2013, registered under Sections 304(B) and 201/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that earlier the prayer of the petitioner for grant of bail, who happens to be the husband of the deceased, was rejected vide order dated 27.03.2014 passed in Criminal Misc. No.39906 of 2013, which would appear from Annexure-'1' to this application. It is further submitted that the petitioner is in custody since Patna High Court Cr.Misc. No.22072 of 2015 (3) dt.16-12-2015 2/2 22.04.2013. In fact, the deceased, the wife of the petitioner, died of dog biting and the information regarding the death of the deceased was duly given by the petitioner to the informant, the brother of the deceased, but due to ulterior motive this case has been lodged by the informant against the petitioner and his other family members.
The report regarding the stage of the case, as called for vide order dated 01.07.2015 from the trial court, has been received vide letter no.332 dated 30.07.2015 from the court of 7th Additional District and Sessions Judge, Muzaffarpur, from which it appears that out of eight prosecution witnesses, only three witnesses have been examined as yet.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 7th Additonal Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.820 of 2013, arising out of Siwaipatti P.S. Case No.20 of 2013.
(Rajendra Kumar Mishra, J) P.S./-
U