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
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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
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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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