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Patna High CourtCR. MISC./13512/2023allowed

Pramod Sharma v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13512 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- BIHRA District- Saharsa ====================================================== Pramod Sharma S/O Late Bindeshwari Sharma R/V- Tuniyahi, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 498A, 120B, 504, 506, 201, 34 of the Indian Penal Code. As per prosecution case, informant alleged that on 17.02.2022, her daughter was killed by the petitioner along with co-accused persons due to non-fulfillment of Rs. 3 lacs dowry demand. After that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the victim due to which he has falsely been implicated in this case. The petitioner has no concern mess and business of the deceased as well as her

Patna High Court CR. MISC. No.13512 of 2023(2) dt.25-04-2023 2/2 husband and was living separately from them. There is no specific allegation against the petitioner and there is no eyewitness of the alleged occurrence. The husband of the deceased is already in judicial custody who has the main responsibility to keep his wife with proper honour and dignity. It is further submitted that the FIR has been lodged after two months of delay. The petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 12.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above facts and custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihra P.S. Case No. 117 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa. (Sunil Kumar Panwar, J) Manish/- U T