Harendra Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.10405 of 2016 (3) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10405 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -BIKRAM District- PATNA ======================================================

1. Harendra Sharma, Son of Jitendra Sharma, Resident of VillageGorakhari, Police Station- Bikram, District- Patna..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Bikram P.S. Case No. 38 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Shimpi Devi, the daughter of the informant, was married to the petitioner six years ago and allegedly, she was burnt to death and her dead body was also taken away by the petitioner and other in-laws to destroy the evidence.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner was a short temper lady and due to trivial dispute she committed suicide by burning herself after closing the door, out of the wedlock there is a six years old son, during investigation this fact has come vide paragraph 12, 14, 15 and 16 of the case diary

Patna High Court Cr.Misc. No.10405 of 2016 (3) dt.18-04-2016 and as such the petitioner who is suffering in custody since 29.10.2015 having no criminal antecedent deserves sympathetic consideration to which learned APP opposes.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, J. M. Ist Class, Danapur in connection with Bikram P.S. Case No. 38 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T