Sonu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25878 of 2019 Arising Out of PS. Case No.-148 Year-2016 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== SONU SHARMA, aged about 31 years, Male, Son of Madan Sharma, Resident of Village - Harkhuwa Urdu College, P.O.- B. V. Sugar Mill, District - Gopalganj ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Gautam Kumar Kejriwal, Adv.
For the Opposite Party :
Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Gopalganj Town P.S. Case No. 148 of 2016 for the offence alleged under Section 304B/34 of the Indian Penal Code. The accusation is that marriage of Chhoti Devi, daughter of the informant, Indu Devi, was performed with the petitioner before two years and due to their wed lock they have been blessed with a baby, aged about nine months, but, before six months she was being tortured by her mother-in-law, brother-in-law and father-in-law as the husband of the deceased used to reside abroad, Saudi Arabia. On 04.04.2016 informant received information that her daughter has been killed by burn injury.
Patna High Court CR. MISC. No.25878 of 2019(5) dt.05-08-2019 2/2 Learned counsel appearing for the petitioner submits that admittedly the petitioner is the husband of the daughter of the informant and at the time of occurrence he was at Saudi Arabia. Further submission is that co-accused, Madan Sharma and Guddu Sharma, facing S. Tr. No. 415 of 2017, have been acquitted to the charges as the informant and other witnesses not supported the case.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of six weeks from today, in connection with Gopalganj Town P.S. Case No. 148 of 2016 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T