Manoj Kumar Sharma @ Manoj Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53161 of 2016 Arising Out of PS.Case No. -233 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Manoj Kumar Sharma @ Manoj Sharma, S/O Late Dorika Sharma

2. Nutan Devi, W/O Manoj Kumar Sharma

3. Binod Kumar Sharma @ Binod Sharma, S/O Late Dorika Sharma, all are resident of village- Meera Check, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 233 of 2013 registered under Sections 304(b)/34 and 120(b) of the Indian Penal Code. The accusation is of killing of daughter and two grand sons of the informant by his son-in-law and other family members due to non-fulfillment of demand of dowry. Learned counsel for the petitioners submits that petitioner nos. 1 and 3 are brother-in-law and petitioner no. 2 is sister-in-law of the deceased and they have falsely been implicated in this case. It is further submitted that daughter of

the informant was of unsound mind due to that reason quarrel took place between the deceased with her husband, who used to reside separate with the deceased, due to that reason deceased, daughter of the informant, committed suicide along with her two child by jumping before the train, regarding which, U.D. Case No. 05 of 2012 was registered on 31.10.2012 on the basis of information of co-accused, Sunita Devi, who is also the sister-in-law of the deceased. At that time, mother of the deceased, was also present but due to ulterior motive, on 11.12.2012, after two months, the complaint case bearing Complaint Case 1244C of 2012 has been filed, which is the basis of the F.I.R. Further submission is that Subhash Sharma, husband of the deceased, is already in custody.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Munger, in connection with Muffasil P.S. Case No. 233 of

2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T