Manohar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.681 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== MANOHAR SHARMA S/o Surya Narayan Sharma Resident of Vill.- Brahman, P.S.- Chautham, Distt.- Khagaria.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
RUNA DEVI W/o MANOHAR SHARMA Resident of Vill.- Brahman, P.S.- Chautham, Distt.- Khagaria. Present Address D/o Hari Prasad Barah, R/V.- Tariyama Ward No. 7, P.S.- Simri Bakhatiyarpur, Distt.- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Chautham Police Station Case No. 82 of 2020, registered for the offences punishable under Sections 341/498-A/307/504/379/ 506/34 of the Indian Penal Code.
The allegation, as per the First Information Report, is that the marriage of the informant was solemnized with the petitioner about four years ago and after the marriage, the petitioner tortured his wife-the informant physically as well as mentally and also threatened to kill her if she would not bring more dowry. It has further been alleged that the petitioner
Patna High Court CR. MISC. No.681 of 2021(2) dt.08-03-2021 2/3 assaulted his wife-the informant with rod and gas pipe and also locked her in the house in order to kill her. Learned Counsel for the petitioner submits that the petitioner is the husband of the informant and has falsely been implicated in this case with ulterior motive. He also submits that the allegation of assault against the petitioner is false and fabricated inasmuch as the police, after investigation, did not submit charge sheet under Section 307 of the Indian Penal Code. He further submits that the petitioner is in custody since 30.07.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.
Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 30.07.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.
This application is allowed.
Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria,
Patna High Court CR. MISC. No.681 of 2021(2) dt.08-03-2021 3/3 in connection with Chautham Police Station Case No. 82 of 2020.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √