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Patna High CourtCR. MISC./26631/2023allowed

Sanni Kumar Sharma @ Sanni Kumar v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26631 of 2023 Arising Out of PS. Case No.-561 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== 1.

SANNI KUMAR SHARMA @ SANNI KUMAR Son of Balmiki Sharma R/o-Village-Gaunai, P.S.-Haweli Kharagpur, District-Munger, Bihar 2.

ABHISHEK KUMAR SHARMA Son of Balmiki Sharma R/o-VillageGaunai, P.S.-Haweli Kharagpur, District-Munger, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. Petitioners, along with other accused persons, are said to have tortured upon the informant's grand-daughter over the dowry demand and at last, they committed murder of the informant's grand-daughter.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have

Patna High Court CR. MISC. No.26631 of 2023(2) dt.21-07-2023 2/2 been made accused in the present case merely because they are brothers-in-law of the deceased. They have no concern with the daily affairs of the deceased as they have been living separately from the deceased and her husband. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kharagpur P.S. Case No. 561 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T