Munna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10221 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== MUNNA SHARMA Son of Kartika Sharma Resident of Village- Mehandipur, P.S.- Balia Belon, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Balia Belon P.S. Case no. 39 of 2021 corresponding to Sessions trial no. 340/2021 registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

Allegedly, this petitioner and others assaulted the informant's daughter for demand of dowry and finally they killed her on account of non-fulfillment of Rs 2 lakh which was demanded by the petitioner and co-accused persons from the victim. The main submissions advanced by the learned counsel for the petitioner are that there is no specific allegation against the petitioner and he has been languishing in jail since 16.4.2021. In the

Patna High Court CR. MISC. No.10221 of 2022(2) dt.06-07-2022 2/2 post mortem report, cause of death of the deceased has been opined as asphyxia as a result of hanging and the same is not corroborated to the allegation made in the FIR.

Learned APP has opposed the prayer for bail.

Heard both sides, perused the FIR and post mortem report. Informant's daughter died just after two years of her marriage and as per allegation the accused persons including petitioner who is stated to be husband of the deceased physically tortured the deceased for the demand of dowry and finally they hanged her body to give a colour of suicide.

Considering these facts, in my view, petitioner does not deserve privilege of bail at this stage and accordingly, his prayer for bail stands rejected.

It appears from the order of the learned trial court that trial of the petitioner is going on, trial court is directed to conclude the trial within eight months from the date of receipt of a copy of this order. If trial of the petitioner is not concluded within the said stipulated period, petitioner may renew his prayer for bail. (Shailendra Singh, J) s.hassan/- U T