Patna High CourtCR. MISC./37137/2023rejected

Sharwan Ram v. The State Of Bihar

2023-08-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37137 of 2023 Arising Out of PS. Case No.-73 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== SHARWAN RAM S/O NARESH RAM R/O Village. Vinova Tola Lauwalagan, PS. Chousa, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 04.05.2022 in connection with S.T. No.234 of 2022, arising out of Chousa P.S. Case No. 73 of 2021, F.I.R. dated 28.07.2021 for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits

Patna High Court CR. MISC. No.37137 of 2023(4) dt.29-08-2023 2/2 that the allegation as alleged in the F.I.R. is false and fabricated and petitioner has never demanded any dowry from the family members of the deceased.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner and other co-accused persons have throwaway the dead body of the deceased in Ganga River and there is sufficient material has come during investigation to suggest the involvement of the petitioner in the present occurrence and paragraph nos.3 and 9 of the case diary have fully supported the prosecution version.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.T. No.234 of 2022 (Chousa P.S. Case No.73 of 2021) pending in the court of learned Additional Sessions Judge-VIII, Madhepura.

7. Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T