Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28607 of 2022 Arising Out of PS. Case No.-274 Year-2015 Thana- CHHATAUNI District- East Champaran ====================================================== ANIL SHARMA, S/o Late Gopi Sharma, Resident of Village- Amar Chhatauni Mai Asthan, Badhai Tola Chhatauni, P.s.- Chhatauni, East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the petitioner herein. It is stated that the accused persons including the petitioner used to torture and assault the informant's daughter for non-fulfillment of the demand of dowry. Ultimately she was done to death by the petitioner with the assistance of other unknown accused persons. The body was not to be found.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for the

Patna High Court CR. MISC. No.28607 of 2022(3) dt.16-01-2023 2/2 reason of his being the husband of the deceased. The petitioner was not even anywhere near the place of occurrence and was in Nepal to earn his livelihood. The cremation of the deceased took place in presence of the informant's family. The petitioner is in custody since 17.1.2021 and undertakes to cooperate in the trial. He has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who happens to be the husband of the deceased and the case having been found to be true under sections 304B, 201/34 of the Indian Penal Code, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T