Sant Lal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18350 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -LADANIA District- MADHUBANI ======================================================

1. Sant Lal Sharma Son of late Janak Lal Sharma Resident of Village-Nath Patti, PS Ladaniya, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 324, 307, 34 and 304 (B) of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The informant Kajal Kumari was married to Ram Bilash Sharma, son of the petitioner and allegedly the petitioner and other co-accused brought her in the house and mother-in-law Chandar Devi sprinkled kerosene oil and husband put fire by litting the match resulting she became injured. During treatment she died.

Submission is of false implication and that against the petitioner there is no specific allegation, specific allegation is

Patna High Court Cr.Misc. No.18350 of 2016 (3) dt.29-06-2016 2/2 against mother-in-law and husband, the petitioner has been made accused unnecessarily, he has never demanded anything nor he has tortured the informant at any point of time and without any fault the petitioner is suffering in custody since 10.02.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that the petitioner is the father-in-law having no specific allegation and as such he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Madhubani in Ladaniya P.S. Case No. 140 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) Abhay/- U T