Chandeshwari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40847 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

Chandeshwari Sharma Son of Late Laxmi Sharma Resident of VillageAmaha, Sharma Tola, P.S.-Supaul (Laukaha), District-Supaul. 2.

Hansha Devi Wife of Chandeshwari Sharma Resident of Village-Amaha, Sharma Tola, P.S.-Supaul (Laukaha), District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners who are in custody since 01.02.2019 have filed the instant application for grant of bail in connection with Supaul (Laukaha) P.S. Case No. 11 of 2019 registered for the offence punishable under sections 304B and 34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. As per the allegation in the FIR, the daughter of the informant who was married to the son of the petitioners in the year, 2012 was strangulated to death for the reason of nonfulfillment of the demand of dowry of money and a motorcycle.

Patna High Court CR. MISC. No.40847 of 2019(4) dt.18-09-2019 2/3 It was submitted by learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature. They happen to be the old father-in-law and mother-in-law of the deceased and are suffering from different ailment. It was further submitted that even in course of investigation while some of the witnesses have supported the FIR by making general and omnibus allegations, however, a number of witnesses have stated that on the alleged date of occurrence there was altercation between the deceased and her husband in the morning after which her husband had beaten her. The petitioners have no criminal antecedent and are in custody since 01.02.2019.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the age and relationship of the petitioners with the deceased together with the petitioners being in custody since 01.02.2019, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.40847 of 2019(4) dt.18-09-2019 3/3 satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul (Laukaha) P.S. Case No. 11 of 2019. (Partha Sarthy, J) Prakash/- U