High Court Patna High Court - Orders

Shankar Gupta & Anr. vs The State Of Bihar on 4 August, 2011

Patna High Court – Orders
Shankar Gupta & Anr. vs The State Of Bihar on 4 August, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS NO.7137 OF 2011
            1. SHANKAR GUPTA SON OF INDRASHAN GUPTA
            2. JANKI DEVI WIFE OF SHANKAR GUPTA
            BOTH R/O CHUGARI, P.S.-VIJAYIPUR, DISTRICT-
            GOPALGANJ
                                       VERSUS
                             THE STATE OF BIHAR
                           ----------------------------------

WITH
CRIMINAL MISCELLANEOUS NO.8110 OF 2011
KAMLESH GUPTA SON OF SHANKAR GUPTA R/O
CHUGARI, P.S.-VIJAYIPUR, DISTRICT- GOPALGANJ

VERSUS
THE STATE OF BIHAR

———————————-
3 04/08/2011 Heard Mr. Nityanand Mishra, learned

counsel for the petitioners and learned APP for the

State.

Above noted both the applications arising

out of one occurrence i.e. Vijayipur P.S. Case No. 58 of

2010 have been heard together and are being

disposed of by this common order.

The petitioners seek bail in a case registered

under Sections 304B, 201/34 of the Indian Penal

Code.

Informant Mosamat Shanti Devi married her

daughter 5 years prior to the occurrence with the

petitioner Kamlesh Gupta. Within five years of her

marriage she was burnt to death by her inlaws and

her dead body was disposed of. The allegation is that

the deceased was being subjected to torture and
2

cruelty in connection with dowry related demand.

Submission is that there is general and

vague allegation and no specific allegation has been

made against any of the accused. Husband of the

deceased is in custody since 19.8.2010.

Petitioner of Cr. Misc. No. 8110 of 2011 is

the husband and in a prosecution of section 304 B

IPC case of the husband always remains on different

footing from the case of others. The husband is not

only expected to take proper care of his wife but he

also required to see that his wife is not tortured by

others. So the case of the husband cannot be equated

with others in such offence. Accordingly, prayer for

bail of petitioner Kamlesh Gupta in Cr. Misc. No. 8110

of 2011 is rejected.

So far as petitioners of Cr. Misc. No. 7137 of

2011 above named are concerned, they are directed to

be released on furnishing of bail bonds of Rs.

10,000/- (ten thousand) each with two sureties of the

like amount each to the satisfaction of the learned 3rd

Additional Sessions Judge/concerned Court,

Gopalganj in connection with Vijayipur P.S. Case No.

58of 2010 and G.R. No. 2140 of 2010.

(Shyam Kishore Sharma, J.)
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