Dharmdeo Sharma @ Dharmendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23609 of 2020 Arising Out of PS. Case No.-514 Year-2019 Thana- MASHRAK District- Saran ====================================================== DHARMDEO SHARMA @ DHARMENDRA SHARMA Son of Kapildeo Sharma Resident of Village- Galimapur, P.S.- Taraiya, Distt- Saran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Singh For the Opposite Party/s :
Mr. Jai Narayan Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
The petitioner seeks regular bail in connection with Mashrak Police Station Case No. 514 of 2019, registered for the offences punishable under Sections 498-A/302/34 of the Indian Penal Code.
The allegation, as per the First Information Report, is that the daughter of the informant (deceased) was married to coaccused Basant Kumar, on 11.03.2011 and after the marriage, she started leading a happy conjugal life and was blessed with two children, but for the last two years, the husband of the deceased and his other family members stared demanding a motorcycle by way of dowry and due to non-fulfillment of the
Patna High Court CR. MISC. No.23609 of 2020(3) dt.04-11-2020 2/3 said demand, the accused persons, including the petitioner, used to torture the deceased. It has further been alleged that on 26.11.2019, the deceased told the informant on mobile that yesterday, she had gone for marketing where some altercation took place between the deceased and her husband and on the same date, the informant got information that his daughter has been killed by the accused persons.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that the petitioner is the bother-inlaw (Bahnoi) of the husband of the deceased and no specific allegation of demand of dowry has been levelled against him. He further submits that the husband and father-in-law of the deceased have been granted bail by this Court vide orders passed in Criminal Misc. Nos. 25310 of 2020 and 21938 of 2020. He further submits that the petitioner is in custody since 27.11.2019.
After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the husband and father-in-law of the deceased have been granted bail by co-ordinate Bench of this Court and he is in
Patna High Court CR. MISC. No.23609 of 2020(3) dt.04-11-2020 3/3 custody since 27.11.2019, I am inclined to grant bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran, at Chapra, in connection with Mashrak Police Station Case No. 514 of 2019.
This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √