Gajendra Sharma @ Gajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3223 of 2017 Arising Out of PS.Case No. -8 Year- 2014 Thana -MAHILA PS District- JEHANABAD ====================================================== Gajendra Sharma @ Gajendra Kumar, aged about 33 years, Son of Shri Chandresh Sharma, Resident of Village-Bhimpura, P.S. Makhdumpur, District-Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jehanabad Mahila P.S. Case No.08 of 2014 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of the Judicial Magistrate, First Class, Jehanabad.

The allegation of the informant is that he performed the marriage of his daughter with this petitioner about 11⁄2 years before. Thereafter, the petitioner used to torture to the daughter of the informant for non fulfillment of the dowry demand. On 28.01.2014, the informant heard about burning of his daughter, then he went to the sasural of his daughter and saw his daughter

Patna High Court Cr.Misc. No.3223 of 2017 (3) dt.08-03-2017 2/2 lying in burning condition on a cot. The informant took his daughter to the Government Hospital, Makhdumpur for treatment from where she was referred to P.M.C.H., Patna, where she died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that at the time occurrence, the petitioner was not present at his house rather at that time, the old aged mother and handicapped father of the petitioner were present there. In fact, the deceased, the wife of the petitioner and the daughter of the informant, tried to commit suicide by burning but, anyhow, she was saved by the villagers and, thereafter, she was taken to the hospital for treatment but, unfortunately, she died. The petitioner is in custody since 23.06.2016.

Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T