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2017 DIGILAW 852 (JHR)

Umesh Gupta, Sanjay Gupta v. State Of Jharkhand

2017-05-11

ANANT BIJAY SINGH

body2017
JUDGMENT Anant Bijay Singh, J. The petitioners are apprehending their arrest in connection with C.P. Case No. 604 of 2014 for the offence under sections 498A, 304B, 120B I.P.C and under section 4 of D.P. Act. 2. Learned counsel for the petitioners has submitted that that the petitioners have been falsely implicated in this case. Further, it has been submitted that no case under the alleged sections is made out against the petitioners. Further, it has been submitted that the petitioner no.1 who is the the husband of Guddi Kumari (deceased) has been working in Adani Power Ltd under Contractor at Gujarat and till 22.04.2013 he was on continuous duty and on hearing the occurrence, came to Patna on 24.04.2013. Further, it has been submitted that petitioner no. 6 is an old and ailing lady aged about 70 years and the deceased never complained to anything against the petitioners for the offence of torture and demand of dowry. Further, it has been submitted that when the condition of the complainant''s daughter became worse, in Budha Hospital referred her to P.M.C.H, Patna on 25.05.2013 where she died on 26.05.2013 in presence of the complainant and his family members, thereafter postmortem was done but no case was lodged as she stated before the police in her sense that her in laws were not guilty. 3. A supplementary affidavit has also been filed on behalf of the petitioners bringing on record the photocopy of relevant documents including paper clipping of Hindi Dainik Hindustan dated 24.04.2013 and treatment records of Budha Hospital. 4. Learned A.P.P as well as learned counsel for the O.P. No. 2 opposed the prayer for anticipatory bail. 5. In the facts and circumstances of the case, the above named petitioners are directed to surrender in the Court below within five weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioner 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 court of Sri Pratap Chandra, J.M, 1st Class, Dhanbad in connection with C.P. Case No. 604 of 2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C , 1973 subject to conditions that one of the bailors must be local resident of Dhanbad district solvent person. 6. Let a copy of this order along with L.C.R be sent to the concerned court.