Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57755 of 2017 Arising Out of PS.Case No. -434 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Kishor Sharma S/o Sri Ashik Lal Sharma @ Ashik Sharma, R/o Village- Rupnagar, Ward No.40, P.S. & District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vindhkeshri Kumar, Sr. Advocate Mr. Subesh Sharma, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Saharsa Sadar P.S. Case No. 434 of 2017, a case under Sections 304B/201/34 of the Indian Penal Code.

Petitioner is in custody since 28.06.2017. Though allegation is of commission of death of his wife for dowry against the petitioner. However, the F.I.R. would reveal that marriage was solemnized twelve years prior to the date of occurrence. Hence, presumption of dowry death is not attracted against the petitioner.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.57755 of 2017 (3) dt.09-01-2018 P2/ Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Saharsa Sadar P.S. Case No. 434 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T