Lalan Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30825 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Lalan Sharma, Son of Late Parikha Sharma,
2. Urmila Devi, W/o Lalan Sharma, Both Resident of Village- Dumara, P.S.- Kargahar, District- Rohtas, (Sasaram).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kargahar P.S. Case No. 32 of 2017 for the offences punishable under sections 341, 323, 304 B, 201 and 34 of the I.P.C. and section 3⁄4 of the Dowry Prohibition Act.
Sarita Devi, the daughter of the informant, was married to Roushan Sharma, the son of the petitioners two year ago in the month of May, 2014 and after some days the petitioners and another in-laws including the husband started demanding
Patna High Court Cr.Misc. No.30825 of 2017 (3) dt.21-08-2017 2/3 motorcycle and chain and due to non fulfillment they killed her and burnt the dead body hurriedly to destroy the evidence. Submission is of false implication and that the petitioners are old father-in-law and mother-in-law, they are living separately since long having no concern with the family affairs of the deceased and her husband, the husband of the deceased is already in custody, there is no specific allegation against the petitioners, the independent witness Nageshwar Tiwary in paragraph-64 of the case diary has stated that the deceased died due to pain in the abdomen, she was being brought for treatment but she died and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes the prayer for pre-arrest bail of the petitioners.
In the facts and circumstances stated above, considering that the petitioners are old father-in-law and motherin-law and the husband is already in custody and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K.Tiwary, A.C.J.M, Sasaram,
Patna High Court Cr.Misc. No.30825 of 2017 (3) dt.21-08-2017 3/3 Rohtas in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T