Mritunjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18387 of 2023 Arising Out of PS. Case No.-419 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MRITUNJAY SHARMA Son of Ashok Sharma Resident of Village- PoBihiya District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence punishable under Sections 304(B), 201 and 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 of Rs. two lac and a motorcycle and ultimately petitioner in connivance with other family members has killed her and with a view to wipe off the evidence, thrown her dead-body near railway track.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.18387 of 2023(4) dt.03-08-2023 2/3 petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. Deceased was living at her paternal house. There is no prior complain regarding torture or harassment by the husband and his family members. Prior to the present case, an U.D. case was registered as Udwantnagar P.S. U.D. Case No. 19 of 2021 lodged by road chaukidar after recovery of a headless and limbless dead-body which was of 4-6 days old. Petitioner is languishing in judicial custody since 3.11.2021. Learned APP appearing for the State has opposed the prayer of Bail and submitted that the conduct of the petitioner is doubtful as he has not informed to any police authority or family members of the deceased about missing of his wife (deceased).

Deceased died within seven years of marriage. Informant in her re-statement has fully supported her case which is mentioned in para-2 of the case diary. During investigation, several witnesses have supported the prosecution story.

Patna High Court CR. MISC. No.18387 of 2023(4) dt.03-08-2023 3/3 inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) lata/- U