Patna High CourtCR. MISC./10165/2019rejected

Shyam Sundar Sharma @ Ganva v. The State Of Bihar

2019-05-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10165 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== SHYAM SUNDAR SHARMA @ GANVA Son of Triveni Sharma Resident of village - Devottarkajhihirdaynagar, P.S-Banmankhi, Dist.-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Tewary For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Banmankhi Police Station Case No.41 of 2018, registered for the offences punishable under Sections 304-B, 201/34 of the Indian Penal Code, pending in the court of learned Sessions Judge, Purnea. The wife of this petitioner died in unnatural circumstances in the house of the petitioner and her dead body was hurriedly disposed of. The death was caused within four years of her marriage. There is allegation of demand of motorcycle as dowry and torture for the same. Submission is that there is no direct evidence, nor there is any previous complaint of demand and torture to any Authority. Just after natural death and cremation of the dead

Patna High Court CR. MISC. No.10165 of 2019(3) dt.02-05-2019 2/2 body, to pressurize, false case has been lodged. Petitioner is in custody since 24.03.2018.

Considering the presumption of law against the petitioner, when unnatural death has been caused within seven years of marriage of victim and dead body was disposed of without any information to the parents of the deceased, I am not inclined to enlarge the petitioner, above named, on bail. Hence, prayer is refused.

The learned trial court is directed to expedite the trial.

(Birendra Kumar, J) abhishek/- U T