Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60050 of 2021 Arising Out of PS. Case No.-567 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Pappu Sharma Son Of Lt. Rajeshwar Sharma Resident Of Village - Gadai Sarai, P.S.- Hajipur Sadar, Distt.- Vaishali At Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 567 of 2021 registered for the offence under Sections 302 and 201/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 12.07.2021.

Patna High Court CR. MISC. No.60050 of 2021(3) dt.27-06-2022 2/3 The allegation against the petitioner is to commit murder of his wife, for non-fulfilment of demand of dowry after 12 years of marriage.

Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence. It has further been submitted that the wife of the deceased died a natural death but due to previous differences with in-laws, he has been falsely implicated. While concluding the argument, it has further been submitted that chargesheet has already been submitted in this case, as such, there is no chance of tampering of evidence.

Learned APP appearing on behalf of the State vehemently opposes the prayer of bail and submitted that the petitioner is the husband of the deceased, present with her at the time of occurrecne, and as such, presumption to cause death is against the petitioner. It has also been submitted that nothing surfaced during the course of investigation, which may suggest that the death of wife of the petitioner was natural. Considering the facts and circumstances as mentioned above, as petitioner failed to place the facts suggesting, prima facie, natural death of his wife, as claimed, this Court, at present is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.60050 of 2021(3) dt.27-06-2022 3/3 Accordingly, the prayer for bail of the petitioner is rejected herewith, with the liberty to renew his prayer for bail after six months, if trial is not concluded.

Meanwhile, Trial Court is directed to expedite the trial in accordance with law.

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T