Maheshwar Sharma @ Mahesar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26598 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.
Maheshwar Sharma @ Mahesar Sharma S/o Ramsagar Sharma R/o vill - Kalyanpur Dakhinwari Tola, P.s. - Bibhutipur, Distt. - Samastipur 2.
Meena Devi @ Meera Devi W/o Maheshwar Sharma @ Mahesar Sharma R/o vill - Kalyanpur Dakhinwari Tola, P.s. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the sister of the informant after assaulting.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners are father-in-law and mother-in-law of the deceased,
Patna High Court CR. MISC. No.26598 of 2024(2) dt.01-05-2024 2/2 respectively. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are living separately from the family of his son after partition is mess and business. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as husband of the deceased is in judicial custody and there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bibhutipur P.S. Case No. 78 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T