Gautam Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21938 of 2020 Arising Out of PS. Case No.-514 Year-2019 Thana- MASHRAK District- Saran ====================================================== GAUTAM SHARMA S/o Ramparvesh Sharma Resident of VillageKhairanpur, P.S.- Mahrak, Distt- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
At the outset, the learned counsel for the petitioner undertakes to remove all the defects, as pointed out by the stamp reporter, within a period of four weeks of resumption of normal physical functioning of the Court including resumption of physical filing.
Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. appearing for the State.
The petitioner seeks regular bail in connection with Mashrak P.S. Case No. 514 of 2019 for the offence punishable
Patna High Court CR. MISC. No.21938 of 2020(2) dt.10-07-2020 2/3 under Sections 498 (A), 302 and 34 of the Indian Penal Code. The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfilment of demand for dowry.
The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 27.11.2019. It is further submitted that the petitioner is father-in-law of the deceased victim lady, he is living separately from his son and if at all anybody has got any complicity in the matter, it is the husband of the deceased victim lady, who is already in custody, hence it is submitted that in case the petitioner is granted bail, no prejudice would be caused to the prosecution.
The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner and taking into account the fact that the husband of the deceased victim lady is already in custody and the petitioner is stated to be the father-in-law of the deceased victim lady, who is stated to be living separately, I
Patna High Court CR. MISC. No.21938 of 2020(2) dt.10-07-2020 3/3 deem it fit and proper to direct for the release of the petitioner on regular bail.
Accordingly, the petitioner, above-named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Mashrak P.S. Case No. 514 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T