Patna High CourtCR. MISC./8791/2021bail granted

Shankar Sharma v. The State Of Bihar

2021-05-03Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.8791 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- CHENARI District- Rohtas ====================================================== SHANKAR SHARMA SON OF SITA SHARMA R/O VILLAGE- DOIYAN, P.S.- CHENARI, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Chenari P.S. Case No. 48 of 2020 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the prosecution story, the marriage of daughter of informant has been solemnized with Pramod Sharma in the month of May, 2019 and after four-five months the husband and his family members started demanding a motorcycle as dowry, due to non-fulfillment of the same the accused persons committed cruelty with the daughter of the

Patna High Court CR. MISC. No.8791 of 2021(2) dt.03-05-2021 2/3 informant. It is further alleged that on 29.3.2020 the accused persons killed her by hanging.

Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is the grandfather of the husband of the deceased and there are general and omnibus kind of allegations against all the accused persons. The petitioner is in custody since 22.06.2020 having no criminal antecedent.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there are general kind of allegations against all family members of the husband of the deceased, so far as this petitioner is concerned he happens to be the grandfather of the husband and is aged about 77 years, he has been falsely implicated in this case, the petitioner has remained in jail in connection with the present case since 22.06.2020, the husband of the deceased is already in judicial custody, investigation against this petitioner is complete, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas in connection with Chenari P.S. Case No. 48 of 2020, subject to the conditions as laid

Patna High Court CR. MISC. No.8791 of 2021(2) dt.03-05-2021 3/3 down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.