Manoj Sharma @ Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42675 of 2022 Arising Out of PS. Case No.-112 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== MANOJ SHARMA @ MANOJ KUMAR SHARMA Son of Late Ram Bilash Sharma R/O Vill. and P.O.- Kotwa Narayanpur, P.S.- Narhi, Dist.- Gajipur (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Buxar Mahila P.S. Case No. 112 of 2020 registered for the offences punishable under Sections 341, 323, 504, 506, 498(A) and 34 of the Indian Penal Code and later on added Section 302 of the IPC. As per prosecution case, informant's daughter told informant on mobile that on 09.11.2020 at about 9 P.M. petitioner and others beaten and ousted her from the matrimonial home and her husband ( present petitioner) left her in Mohalla Sohanipatti, Buxar in semi unconscious state and fled away.

Learned counsel for the petitioner submits that petitioner is in custody since 29.05.2022 and bears no criminal antecedent. He further submits that petitioner is quite innocent and

Patna High Court CR. MISC. No.42675 of 2022(3) dt.30-01-2023 2/2 committed no offence as alleged in the FIR.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that petitioner is husband of the deceased and postmortem report reveals that five external injuries have been found on the person of the victim(since deceased). He further submits that independent witness Ajay Kumar Srivastava has also supported the prosecution story. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the learned trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order. If trial is not concluded within the stipulated period of time, petitioner may renew his prayer of bail. (Alok Kumar Pandey, J) vashudha/- U T