Chhedi Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32999 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.

CHHEDI SHARMA, S/o Budhan Sharma R/o- Village- Gerabari Basti, P.S.- Korha, District- Katihar.

2.

Kawita Devi, W/o- Chhedi Sharma R/o- Village- Gerabari Basti, P.S.- Korha, District- Katihar.

3.

Mala Devi, W/o- Budhan Sharma R/o- Village- Gerabari Basti, P.S.- Korha, District- Katihar.

4.

Budhan Sharma, S/o- Late Chichay Sharma R/o- Village- Gerabari Basti, P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-07-2021 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioners and Mr. Ram Sevak Choudhary, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Korha P. S. Case No. 170 of

2/4 2020, instituted for the offences under Sections 302, 304(B), 201 and 34 of the Indian Penal Code.

The sister of the informant was married to the son of petitioners no. 3 and 4 about four years ago. She was allegedly tortured and set on fire, leading to her death. The fire was extinguished by the help of local people and the deceased was taken to Primary Health Centre from where she was referred to hospital in Katihar. When the informant learnt about the occurrence, he visited the matrimonial home of his sister but he did not find anybody. He, at the time of lodging the case, was under the apprehension that the dead body of the deceased might have been disposed off. The learned counsel for the petitioners has submitted that an absolutely false case has been lodged against the petitioners. Petitioner nos. 1 and 2 are the elder brother-in-law and sister-in-law of the deceased, whereas the petitioner nos. 3 and 4 are the parents-inlaw of the deceased.

3/4 During the course of investigation, it has come to light that the deceased was the second wife of her husband. On one occasion, she had conveyed some wrong information to her step daughter. When this was brought to her notice, she, out of the shame, set herself ablaze and ended her life. All efforts were made to afford her treatment but to no avail.

Considering this aspect of the matter, the husband of the deceased has been granted bail by a Bench of this vide order dated 12.02.2021 passed in Cr. Misc. No. 36571 of 2020.

Regard being had to the afore-stated facts and taking into account that the petitioners did not have any control over the affairs of the deceased or her husband, they, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

4/4 of learned ... in connection with ..., subject to the conditions laid down under Section 438(2) of the Cr.P.C. This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T