Sanjay Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.5989 of 2017 (3) dt.13-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5989 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Sanjay Sharma Son of Govardhan Sharma @ Gobardhan Sharma Resident of Village- Gaura, P.S.- Bihiya(Bahoranpur O.P.), District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Swaroop Dubey, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.08.2016 in connection with Bihiya P.S. Case No. 132 of 2016, G.R. No. 2643 of 2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the grand-father of the deceased, is that his grand-daughter was married to the petitioner two years back and out of their wedlock she has seven months old baby and due to non-fulfilment of demand of motorcycle her husband and the in-laws have killed her by setting her on fire.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.5989 of 2017 (3) dt.13-04-2017 petitioner that he is innocent and the deceased got burnt while cooking food and the information was given to the informant, but with ulterior motive, the present case has been lodged. He submits that there was general and omnibus allegation upon all the family members of the petitioner, who have since been granted the privilege of bail by this Court, as is evident from Annexure-3 series to this petition. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-5, Ara in connection with Bihiya P.S. Case No. 132 of 2016, G.R. No. 2643 of 2016.

(Nilu Agrawal, J.) Arjun/- U T