Shivani Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22155 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Shivani Sharma W/O Late Pawan Sharma R/O Village- Larkaniya Tola Guard Para, P.S- Nagar, Distt.- Katihar.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Thrust of accusation is of killing of informant's brother. Prosecution case in nutshell is that petitioner is the wife of deceased (informant's brother), namely, Pawan Sharma. He used to work as carpenter. It is further alleged that co-accused vicky Quraishi used to visit his house in his absence. When the petitioner returned his home, he found co-accuse Vicky Quraishi and his wife(petitioner) in

Patna High Court CR. MISC. No.22155 of 2024(4) dt.09-07-2024 2/3 compromising position. Due to this he was killed by the petitioner in connivance with co-accused Vicky Querishi by pressing his neck.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is further submitted that petitioner is the wife of deceased and she was leading a happy conjugal life. Out of the wedlock three daughters were born. Informant is not the eye witness of the alleged offence. Moreover, petitioner is languishing in judicial custody since 05.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner is named in the F.I.R. and there is specific allegation against her of killing her husband in connivance with co-accused Vicky Quereshi. From perusal of case diary vide para 19, 20, two children (baby girls) namely, Mayuri Sharma and Bharti Sharma, who are daughter of this petitioner and deceased, have supported the

Patna High Court CR. MISC. No.22155 of 2024(4) dt.09-07-2024 3/3 prosecution version of the case. They have stated that petitioner along with co-accused Vicky Quereshi killed their father by pressing his neck. Postmortem report of the deceased corroborates the prosecution case in which doctor has opined the cause of death as asphyxia as a result of throttling.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) Nirajkrs/- U T