Manish Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45459 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- JADIA District- Supaul ====================================================== Manish Sharma S/o- Vidyanand Sharma Village- Harinaha W.No-11, PsJadia Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. A. K. Thakur, Adv.
Mr.Rupa Kumari For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Jadia P.S. Case No. 22 of 2024 registered for the offence punishable under Sections302, 304(B), 34 of the Indian Penal Code.
3. As per allegation, marriage of the deceased was solemnized with the petitioner one year prior to the occurrence. The accused persons committed her murder for non-fulfillment of demand of dowry. It has been mentioned in the FIR that the accused persons by pressing the mouth by pillow and throttling the deceased, committed her murder.
4. It has been submitted on behalf of the petitioner that in paragraphs-29, 30, 31 32 of the case diary, the statements
Patna High Court CR. MISC. No.45459 of 2024(4) dt.26-09-2024 2/3 of witnesses have been recorded, in which, they have stated that the petitioner who is husband of the deceased was working outside the State. He was a labourer and his wife (deceased) was suffering from ailments. Due to poverty, the petitioner could not afford the expenses for better treatment and the deceased was being treated by a village doctor. During course of treatment, the petitioner's wife (deceased) died but with an ulterior motive, the petitioner has been falsely been implicated in the present case. It has also been submitted that as per postmortem report, the cause of death could not be ascertained. No ligature mark was found around the neck of the deceased whereas there is specific allegation that she was throttled to death.
5. On the otherhand, Mr. J. N. Thakur, learned APP has opposed the prayer for bail by submitting that the witnesses in paragraphs 6, 7 & 8 of the case diary have fully supported the occurrence.
6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Jadia P.S. Case No. 22 of 2024 with condition that the petitioner shall cooperate with the
Patna High Court CR. MISC. No.45459 of 2024(4) dt.26-09-2024 3/3 trial of the case and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) A.K.V.//- U T