Sunil Kumar Sharma @ Sunil Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18165 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== SUNIL KUMAR SHARMA @ SUNIL SHARMA SON OF LATE SIYA RAM SHARMA RESIDENT OF VILLAGE - DAMODARPUR MAHULI, P.S. - SARAIRANJAN, DISTRICT - SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 498A, 302 & 120B/34 of the Indian Penal Code.
3. The petitioner along with other co-accused is said to have committed the murder of daughter of the informant by hanging her.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case as he is the husband of the deceased. It is further submitted that the petitioner was married with the deceased since long and
Patna High Court CR. MISC. No.18165 of 2024(5) dt.31-07-2024 2/3 after marriage they lead their conjugal life and they blessed with two children. As a matter of fact, the daughter of the informant was suffering from depression and committed suicide. It is further submitted that charge has not been framed as yet. The petitioner has no criminal antecedent and has been languishing in custody since 13.12.2023.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sarairanjan P.S. Case No.96 of 2023, subject to the following conditions :
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his
Patna High Court CR. MISC. No.18165 of 2024(5) dt.31-07-2024 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U