Ranjan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.806 of 2015 ======================================================

1. Ranjan Sharma Son of Shri Shambhu Sharma Resident of VillageWahidpur, P.S.- Gaurichak, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, being Devar of the deceased, is languishing in jail custody since 02-04-2013 in a case initially, registered u/S 307 & other minor sections of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act but after death of the informant, the case was converted u/S 304(B),302 of the Indian Penal Code.

The informant claimed in her fardbeyan that this petitioner lit fire on her person but submission on behalf of the petitioner is that in course of trial, one eye witness, namely, Smriti Kumari was examined before the trial court in connection with Sessions Trial No. 1302 of 2013 as prosecution witness No. 5 and she specifically, stated that the deceased was caught in fire accidentally and when she went to rescue her, she also sustained

Patna High Court Cr.Misc. No.806 of 2015 (3) dt.29-01-2015 2/2 burn injuries.

Considering the aforesaid facts and circumstances of the case as well as submission of the parties and also keeping in mind the period of detention the petitioner in jail custody, let the petitioner, named above be released on bail Accordingly the petitioner named-above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 1302 of 2013 arising out of Gaurichak P.S. Case No. 74 of 2012 to the satisfaction of Additional Sessions Judge-II, Patna City.

However, it is made clear that the petitioner shall attend the trial court on each and every date, in person, for a period of six months or till conclusion of his trial, whichever is earlier and if, he fails to do so on three consecutive dates without any reasonable cause and if, the petitioner takes any attempt to tamper with the evidence of prosecution witnesses, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T