← Library
Patna High CourtCR. MISC./10038/2020dismissed

Surendra Sharma @ Surendra Kumar v. The State Of Bihar

2020-03-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10038 of 2020 Arising Out of PS. Case No.-33 Year-2019 Thana- UPHARA District- Aurangabad ====================================================== SURENDRA SHARMA @ SURENDRA KUMAR Son of Late Ram Janam Sharma Resident of Village - Airdary, P.S.- Uphara, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Uphar P.S. Case No. 33 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The allegation is regarding the accused persons being engaged in torturing the daughter of the informant as also they used to harass her and beat her on account of non-fulfilment of the demand for dowry and ultimately, the accused persons including the petitioner herein, who happens to be the husband of the deceased victim lady, had killed the deceased victim lady and had engaged in discreetly performing the last rites of the dead body of the daughter of the informant.

Patna High Court CR. MISC. No.10038 of 2020(2) dt.03-03-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that there is no material to substantiate the allegation levelled by the informant.

I have heard the learned counsel for the parties and perused the materials on record from which it is apparent that the petitioner is the main accused of the present case inasmuch as he is the husband of the deceased victim lady and there is specific allegation against him of having killed the daughter of the informant, along with other co-accused persons, on account of non-fulfilment of the demand for dowry.

Considering the gravity of the offence and the seriousness of the allegations levelled against the petitioner herein as also the heinous nature of the crime committed by the petitioner herein, this Court finds that at least the present case is not a case for grant of anticipatory bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T