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Patna High CourtCR. MISC./14539/2025bail granted

Ashok Sharma v. The State Of Bihar

2025-04-11Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14539 of 2025 Arising Out of PS. Case No.-245 Year-2023 Thana- PIPRA District- Supaul ====================================================== Ashok Sharma S/O Ganu Sutihar R/O Village- Ratanpura, P.O- Kishanpur, Distt.- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gopal Mishtri S/O Bindeshwar Mistri R/O Village- Samari Bharna, P.OGopalpur, P.S- Mahishi, Distt.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pipra P.S. Case No. 245 of 2023 lodged on 28.07.2023, for the offence punishable under Sections 302, 304(B) & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner alleging therein that all the accused persons have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14539 of 2025(2) dt.11-04-2025 2/3 petitioner is innocent and has committed no offence. Counsel also submits that petitioner is the brother-in-law of the husband of the deceased and only due to the nearness with his in laws family, petitioner's name has been inserted in this case. Counsel submits that from the perusal of the FIR it is clear that the FIR is in two parts i.e. in the first part, there is no whisper about the present petitioner, but in the second part, his name has been inserted. Counsel further submits that petitioner has no criminal antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him. Counsel submits that the husband of the deceased is trying to pursue bail separately. Counsel also submits that co-accused person namely, Meena Devi has been granted bail by this Court vide order dated 29.05.2024 passed in Cr. Misc. No.39311 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Patna High Court CR. MISC. No.14539 of 2025(2) dt.11-04-2025 3/3 Magistrate, Supaul, in connection with Pipra P.S. Case No. 245 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T