Anil Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6035 of 2017 Arising Out of PS.Case No. -285 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Anil Sharma, Son of Dayanand Sharma @ Dayanand Sutihar

2. Dayanand Sharma @ Dayanand Sutihar, Son of Late Kailu Sharma Both resident of Kajha, P.S. and District-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha, Advocate. For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Supaul P.S. Case No. 285 of 2016 instituted for the offence under Sections 304B, 201, 120B and 34 of the Indian Penal Code.

It is alleged in the written report that sister of the informant Babita Devi (since deceased) was married with the petitioner No. 1 about four years back and since after two years of marriage, she was subjected to cruelty and torture by husband and another family members for non-fulfillment of demand of dowry. She was done to death by administering poison and accused persons hurriedly without informing the informant and his family members, cremated the dead body in order to suppress the evidence. As per written report it appears that the deceased died unnatural death in her Sasural just after four years of marriage.

Patna High Court Cr.Misc. No.6035 of 2017 (3) dt.28-03-2017 2/2 Petitioner No. 1 is husband and petitioner No. 2 is father-in-law of the deceased.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner No. 1, Anil Sharma. The prayer for bail of the petitioner No. 1 stands rejected.

So far petitioner No. 2 Dayanand Sharma @ Dayanand Sutihar is concerned, since there is general and omnibus allegation against him, prayer for bail of the petitioner No. 2 is allowed. Let the petitioner No. 2 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 learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 285 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T