Ashok Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50026 of 2016 Arising Out of PS.Case No. -284 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Ashok Sharma, son of Late Paras Nath Sharma, R/o Village-Indaur, P.S.- Dinara, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Narayan Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2017 Heard both sides.

The petitioner seeks bail in Dinara P.S. case No. 284 of 2015 under Section 302 and other Sections of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act. The informant alleged that he married his daughter, Priyanka Devi, with Rajnish Sharma in the year 2005 but her husband and other in-laws were torturing her due to non fulfillment of demand of dowry. The informant further alleged that husband of deceased got job in railway and thereafter her husband and other in-laws begun to demand four wheeler and they poisoned his daughter to death.

The learned counsel for the petitioner submits that petitioner is elder brother of the husband of deceased. There is no allegation in the entire FIR against the petitioner. After death of the father the petitioner separated himself from his brother and he

Patna High Court Cr.Misc. No.50026 of 2016 (4) dt.03-03-2017 2/2 has nothing to do with the family affairs of his brother or the deceased. The petitioner is in jail since 12.08.2016. The learned counsel for the informant as well as the learned Additional Public Prosecutor opposed the prayer for bail and submitted that petitioner was also torturing the daughter of the informant.

It appears that marriage was solemnized in the year 2005 and the occurrence took place after 10 years of marriage. The informant did not make any sorts of allegation against the petitioner in his fard bayan. The petitioner happens to be elder brother of the husband of deceased and it is his case that he was separated from the deceased and her husband.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Bikramganj, Rohtas, Sasaram in Dinara P.S. Case No. 284 of 2015.

(Prabhat Kumar Jha, J) BKS/- U T