Hardev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7032 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== HARDEV SHARMA Son of Late Laxmi Sharma Resident of Village - Parau Tola, P.s.- lauriya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Yogapatty P.S. Case No. 366 of 2021 registered for the offence under Sections 304(B), 328, 120(B), 201 and 24 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 30.08.2021.

The allegation against the petitioner is to cause death of the daughter of the informant along with family members of the deceased, due to non-fulfillment of demand of dowry, by administering position.

Patna High Court CR. MISC. No.7032 of 2022(3) dt.10-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that admittedly petitioner is driver of the vehicle, which was hired for 'Ayodhya', by in-law/family members of the deceased. It is submitted that the petitioner is not the relative of the husband of the deceased and as such, cannot be implicated under Section 304(B) of the Indian Penal Code. It is also submitted that except confession, nothing incriminating surfaced during course of investigation, which may connect the petitioner, prima-facie with the present set of occurrence. It is also submitted that dead body of the victim could not recovered, as such, it cannot be said specifically, where she died due to poison. It is also submitted that petitioner is a man of clean antecedent.

While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted under Section 304(B) of the IPC, as such, there is no chance of tampering with the evidence. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail, fairly conceded the fact that the petitioner is driver of the alleged vehicle, which was hired for 'Ayodhya' by in-laws of the deceased.

Patna High Court CR. MISC. No.7032 of 2022(3) dt.10-08-2022 3/3 hired for 'Ayodhya' and is not the relative of the husband of the deceased coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Yogapatty P.S. Case No. 366 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned court, subject to the following conditions:

(Chandra Shekhar Jha, J) S.Katyayan/- U T