Rajesh Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3574 of 2015 Arising Out of PS.Case No. -176 Year- 2014 Thana -RANIGANJ District- ARRARIA ======================================================
1. Rajesh Sharma, S/o Kusheshwar Sharma
2. Geeta Devi W/o Kusheshwar Sharma Both Resident of Village - Thekhpura, P.S. - Raniganj, District - Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. C.Sen Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners and the State.
Petitioners are being the husband and husband's mother of the victim are languishing in custody since 07.08.2014 in a case registered for the offences punishable under Sections 304B, 328 and 34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand by administering poison.
It is submitted by the learned counsel for the petitioners that accusation is for dowry demand after three years of marriage is unreasonable. The post-mortem reflects one abrasion on left wrist and one on the left cheek, which
Patna High Court Cr.Misc. No.3574 of 2015 (2) dt.28-01-2015 was not the cause of death. Doctor has not formed any definite opinion with regard to the cause of death. Viscera has been preserved. It is submitted that the viscera report has not come.
Considering the nature of accusation, this Court is not inclined to grant bail to petitioner no. 1 namely Rajesh Sharma. Accordingly, the prayer for bail of petitioner no. 1 is rejected.
So far as petitioner no. 2 is concerned, considering the fact that the accusation is omnibus and general in nature and she being a lady, let the above named petitioner no. 2, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri S. Singh, J.M., Ist Class, Araria in connection with Raniganj P.S. Case No. 176 of 2014. (Dinesh Kumar Singh, J) P.K./- U T