Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31556 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- TARAIYA District- Saran ====================================================== AMIT KUMAR SHARMA Son of Prasuram Sharma Resident of VillagePokhrera, P.S.- Taraiya, District- Saran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar Singh For the Opposite Party :

Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-12-2020 Heard Mr. Mukesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Mustaque Alam, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Taraiya P.S. Case No. 120 of 2020, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Petitioner is the husband of the deceased. Allegedly, the deceased was married to the petitioner on 20.02.2020. There is allegation of demand of dowry and subsequent death of the deceased out of consumption of poison. It is clear from the First Information Report itself that the deceased was taken to a local clinic first by the in-laws and then to Paras Hospital at Patna for her treatment. It further transpires that the petitioner was also admitted in Paras Hospital with the same symptoms of consumption of poison, whereas the deceased succumbed, the

Patna High Court CR. MISC. No.31556 of 2020(3) dt.09-12-2020 2/3 petitioner recovered after few days.

Learned counsel appearing on behalf of the petitioner has submitted that had there been any intention to maltreat the deceased for non-fulfillment of dowry, the in-laws would not have taken her to an expensive hospital like Paras Hospital at Patna, for her better treatment. He has submitted that in any event, the charge-sheet has been submitted and there is no likelihood of the petitioner fleeing from the course of trial. The petitioner is in custody since 15.05.2020.

Considering the facts and circumstances, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Session Judge, Saran at Chapra, in Taraiya P.S. Case No. 120 of 2020.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :-

Patna High Court CR. MISC. No.31556 of 2020(3) dt.09-12-2020 3/3 (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T