Yugesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19982 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- GOH District- Aurangabad ====================================================== 1.

Yugesh Sharma Son of Late Tetar Mistri Village- Dulla Bigha PS- Goh District -Aurangabad 2.

Kamlesh Mistri @ Kamlesh Sharma Son of Late Karu Mistri Village- Dulla Bigha PS- Goh District -Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2025 At the outset, petitioners' counsel is permitted to make necessary correction in the village name of the petitioners on the cause title in course of the day.

2. Heard Mr. Pramod Kumar, learned counsel for the petitioners and Mr. Suresh Prasad Singh, learned APP for the State.

3. Petitioners seek regular bail in connection with Goh P.S. Case No. 261/ 2024 dated 08.09.2024 registered for the offence(s) punishable under Section(s) 80(2), 103, 238(B) and 3(5) of the BNS.

4. The main submissions advanced by the petitioners' counsel are that the petitioner no.1 is brother of the husband of

Patna High Court CR. MISC. No.19982 of 2025(3) dt.29-04-2025 2/3 the deceased and the petitioner no.2 is his uncle and in the FIR there is no specific allegation against them. It is submitted that the deceased committed suicide allegedly due to emotional distress of being childless in the night of 07.09.2024 and after her death, the husband of the deceased informed the informant about the demise of the victim and in this regard, the FIR itself is relevant. It is further submitted that marriage of the deceased with co-accused, Mahesh Sharma took place in the year 2018 and between the date of the marriage and the death of the deceased, no legal action was initiated by the prosecution party with regard to the alleged cruelty.

It is lastly submitted that similarly situated co-accused, Rakesh Sharma @ Rakesh Kumar has already been granted bail by a co-ordinate bench of this court vide order dated 20.03.2025 passed in Cr. Misc. No. 87289 of 2024 and the petitioner no.1 has been languishing in jail since 30.10.2024 while petitioner no.2 has been languishing in jail since 25.11.2024 and investigation against them has been completed.

5. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

6. In the facts and circumstances of this case and considering the aforesaid submissions advanced by the

Patna High Court CR. MISC. No.19982 of 2025(3) dt.29-04-2025 3/3 petitioners' counsel and mainly the custody period of the petitioners and also the completion of investigation against them as well as the fact that both the petitioners are said to be in-laws of the deceased and one similarly situated co-accused has already been granted bail, as mentioned above, in my opinion, it is a fit case for grant of bail to the petitioners. Accordingly, let the petitioners named-above be released on bail in connection with Goh P.S. Case No. 261/ 2024 on furnishing bail bond of Rs.20,000/-( Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) BKS/- U T