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Patna High CourtCR. MISC./16794/2025bail granted

Chandan Sharma v. The State Of Bihar

2025-05-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16794 of 2025 Arising Out of PS. Case No.-135 Year-2024 Thana- PIPRA District- Supaul ====================================================== Chandan Sharma S/O Shiv Shankar Sharma R/O Village- Latmaniya, P.SPipra, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratibha Srivastava, Adv.

For the Opposite Party/s :

Mr. Ravindra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 302 of 2024 arising out of Pipra P.S. Case No. 135 of 2024, registered for the offences punishable under Sections 304(B)/201/34 of the IPC.

3. As per allegation, the marriage of the daughter of the informant was solemnized with the petitioner. After marriage, the accused persons, including the petitioner, started torturing her for non-fulfillment of the demand of dowry of Rs. 2 lakhs. On 24.04.2024, the informant received information that the accused persons had killed his daughter due to the nonfulfillment of the dowry demand.

Patna High Court CR. MISC. No.16794 of 2025(3) dt.12-05-2025 2/3

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. In paragraph nos. 35 and 36 of the case diary, the independent witnesses have stated that the petitioner, who is the husband of the deceased, was working in Madras. Four days prior to the occurrence, he had come from Madras and went to the native place of his wife, where she was residing with her native family members. The brother of the deceased refused to allow the informant to go with the petitioner. Thereafter, the petitioner called the police on emergency number 112, and with the intervention of the police, he went along with his wife (the deceased) to his house. After four days, she committed suicide. He has further submitted that according to the post-mortem report, the cause of death is asphyxia.

5. From perusal of the case diary, it appears that the investigating authorities did not inquire to the fact whether the petitioner had actually called the police on emergency number 112 or not. The cause of death is asphyxia which shows that the deceased had committed suicide. No external injury was found on the dead body. The charge-sheet has been submitted, awaiting the FSL report and custodial interrogation of the petitioner is not required. The petitioner is under custody since

Patna High Court CR. MISC. No.16794 of 2025(3) dt.12-05-2025 3/3 26.09.2024.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IVth, Supaul in connection with Sessions Trial No. 302 of 2024 arising out of Pipra P.S. Case No. 135 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T