Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18897 of 2021 Arising Out of PS. Case No.-301 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

ANIL SHARMA SON OF MAHENDRA SHARMA 2.

ANITA DEVI @ KABITA DEVI WIFE OF ANIL SHARMA Both R/O VILLAGE- KOTWALI, P.S.- NAWADA BAZAR, DIST.- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State. The petitioners pray for grant of bail in a case registered for the offence punishable under sections 307, 498A, 341, 323, 326 and 504/34 of the Indian Penal Code. As per prosecution case, informant was married with Naveen Sharma one year ago. On 05.07.2017 at about 2.30 pm, she went to her in-laws along with her father. On call of her husband when she reached there, then all the accused persons including the petitioners abused her father and in the meantime, her mother-in-law and father-in-law sprinkled kerosene oil and lit her on fire. During course of treatment, she died as a result of

Patna High Court CR. MISC. No.18897 of 2021(2) dt.09-07-2021 2/3 which section 302 of IPC was added.

It is submitted on behalf of the petitioners that petitioner no. 1 is Bhaisur and petitioner no.2 is Gotani of the informant.

As per FIR itself, these petitioners surrounded the father of the informant abused him and there is no allegation that the petitioners either poured kerosene oil on the informant or lit her on fire.

Petitioners are separate and have no concern with the family affairs of the informant and her in-laws and they are in custody since 26.08.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions and materials on record, this bail application is allowed. Let the petitioners 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 the Chief Judicial Magistrate, Banka in Nawada Bazar P.S. Case no. 301/2019 on the following conditions.

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.18897 of 2021(2) dt.09-07-2021 3/3 and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T