Devbrat Kumar @ Sonu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15864 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== DEVBRAT KUMAR @ SONU SHARMA SON OF LATE BIRENDRA SHARMA RESIDENT OF VILLAGE - CHAUPUR , P.S - NANPUR, DISTSITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Nanpur P.S. Case No. 39 of 2021 registered for the offence punishable under sections 498A, 304B/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and he has been falsely implicated in this case. Prior to death of the

Patna High Court CR. MISC. No.15864 of 2022(5) dt.27-02-2023 2/2 death of deceased, there is no complain regarding demand of dowry or any kind of torture. Witnesses in para 59 and 60 have not supported the prosecution case during course of investigation. Cause of death could not be ascertained as per Postmortem Report. As per FSL Report, no metallic, alkaloidal, Glycosidal, Pesticidal or volatime poison could be detected in the dark brown fluid. Petitioner is languishing in judicial custody since 14.02.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Subdivisional Judicial Magistrate, Pupri, Sitmarhi in connection with Nanpur P.S. Case No. 39 of 2021.

(Sunil Kumar Panwar, J) sushma/- U