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Patna High CourtCR. MISC./28658/2016bail granted

Kameshwar Sharma And ANR v. The State Of Bihar

2016-08-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28658 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Kameshwar Sharma Son of Late Matukdhari Sharma Resident of village- Narga, P.S.- Karpi, District-Arwal

2. Punam Devi Daughter of Kameshwar Sharma,Wife of Uday Sharma Resident of Village- Lala Bhadsara,P.S.-Dulhin Bazar,District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-08-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case the petitioners are apprehending their arrest in connection with Karpi P.S. Case No. 140 of 2015 for offence under Sections 304B, 201 and 34 of the Indian Penal Code. As per allegation, the marriage was solemnized with Radhey Shyam Sharma, son of petitioner no.1. An allegation has been made that they were demanding dowry and the greed of the family members has resulted into the death of the victim. An allegation has been made to have burnt alive that led to the present case.

Learned counsel for the petitioners has submitted that the petitioner no.1 is the father of Radhey Shyam Sharma who is

Patna High Court Cr.Misc. No.28658 of 2016 (3) dt.11-08-2016 aged about 70 years. To corroborate the age of the petitioner no.1, learned counsel for the petitioners has produced the identity card and Ration card which was issued in the name of Gayatri Devi, wife of the petitioner no.1 wherein his age has been shown 69 years. The photocopies of both the identity card and ration card have been kept in the record of this Court for future reference.

Petitioner no.2 is the married daughter of petitioner no.1 whose marriage was solemnized seventeen years earlier and has been implicated in the present case.

In that view of the matter, let the petitioners, namely, Kameshwar Sharma and Punam Devi, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Arwal in connection with Karpi P.S. Case No. 140 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T