Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31143 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

PRAKASH SHARMA Son of Late Mangal Sharma Resident of Village - Bhawanipur, P.S.- Rangra (Gopalpur), Distt.- Bhagalpur. 2.

Meera Devi Wife of Prakash Sharma Resident of Village - Bhawanipur, P.S.- Rangra (Gopalpur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Gopalpur (Rangra) P.S. Case No.09 of 2020, registered for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

The prosecution case in short is that the sister of the informant was subjected to torture, due to non-fulfillment of demand of dowry by her in-laws and thereafter, on the alleged

Patna High Court CR. MISC. No.31143 of 2021(2) dt.20-01-2022 2/3 date of occurrence, she was killed by the petitioners and other accused persons and the dead body was concealed. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners being the father-inlaw and mother-in-law of the deceased were living separately from the deceased and her husband Niraj Sharma and they had nothing to do with the personal life of the deceased but being the family of Niraj Sharma, they have been implicated in this case. It is further submitted that the husband of the deceased has already surrendered before the learned Court below. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of the deceased is in custody, 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.

Patna High Court CR. MISC. No.31143 of 2021(2) dt.20-01-2022 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gopalpur (Rangra) P.S. Case No.09 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T