Bhrigunath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22966 of 2022 Arising Out of PS. Case No.-158 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.

BHRIGUNATH SHARMA SONS OF LATE CHAUDHARY SHARMA R/O VILLAGE- BARKI MADIPUR, P.S.- MANJHI, DISTRICT- SARAN 2.

RUKMINI DEVI @ RUKMINA DEVI @ LAKHO DEVI WIFE OF BHRIGUNATH SHARMA R/O VILLAGE- BARKI MADIPUR, P.S.- MANJHI, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 304(B),120(B) of the Indian Penal Code.

As per prosecution case, the petitioner and the coaccused person are alleged to have strangulated the daughter of the informant to death due to non fulfillment of demand of a bullet motorcycle and Rs. 1,00,000/- as dowry. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.22966 of 2022(4) dt.11-01-2023 2/2 the petitioners have falsely been implicated in this case. The petitioner no.1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased. The husband of the deceased is already in custody. There is general and omnibus allegation against the petitioners. Both the petitioners are senior citizens. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners has submitted that it is a case of dowry death and the cause of death is asphyxia due to hanging.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Manjhi P.S. Case No 158 of 2021, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) niku/ U T