Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25281 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== PINTU SHARMA S/O BECHU SHARMA @ BACHU SHARMA R/O VILLAGE- MORA MARDANA, P.S- MAGADH UNIVERSITY, DISTT.- GAYA, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with M.U. P.S. case No. 334 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that petitioner along with his family members tortured and murdered the daughter of the informant for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is

Patna High Court CR. MISC. No.25281 of 2024(2) dt.05-04-2024 2/3 alleged against the petitioner. He further submitted that police after investigation submitted charge-sheet under Section 306/34 of the Indian Penal Code. Police submitted final form against two co-accused persons. He further submitted that petitioner or his family members never demanded any dowry nor tortured the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.10.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, no direct allegation as also the period of custody undergone by the petitioner coupled with the fact that charge-sheet being submitted under Section 306 of the Indian Penal Code, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with M.U. P.S. case No. 334 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.25281 of 2024(2) dt.05-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T