Nitesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20444 of 2021 Arising Out of PS. Case No.-467 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== NITESH SHARMA Son of Suresh Sharma Resident of Village - Rahimpur, P.s.- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Md. Soban Asghar, Advocate For the State :

Mr.APP For the informant :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode. Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is the brother-

Patna High Court CR. MISC. No.20444 of 2021(2) dt.06-07-2021 2/2 in-law of the deceased. He is separate in mess and property from the husband of the deceased. He has got no concern with the alleged occurrence.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional District and Sessions Judge 8th, Vaishali at Hajipur in connection with Bidupur P.S. case No.467 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T