Patna High CourtCR. MISC./50643/2021bail rejected

Subhash Sharma @ Babli Sharma v. The State Of Bihar

2021-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50643 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== SUBHASH SHARMA @ BABLI SHARMA S/O ASHOK SHARMA R/o village- Alampur, P.S.- Shivsagar (Baddi), Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons tortured and caused death of daughter of informant due to non fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner happens to be husband of the deceased. It is submitted that no demand was ever made by this petitioner and victim committed suicide and due to lockdown she could not be treated. In post mortem examination no injury has been found except depressed bruise from left side of year up to right side of ear which indicates that it was a case of suicide.

Patna High Court CR. MISC. No.50643 of 2021(2) dt.29-11-2021 2/2 Petitioner claims clean antecedent and is in custody since 08.04.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that due to demand of dowry this petitioner killed the daughter of informant by strangulation. Considering the nature of accusation and gravity of the offence and the fact that deceased died at her matrimonial home under unnatural circumstances within seven years of marriage, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T