Om Prakash Sarma @ Om Praksh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65506 of 2021 Arising Out of PS. Case No.-249 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
OM PRAKASH SARMA @ OM PRAKSH SHARMA Son of Jageshwar Sharma Resident of Mohalla - Kanti, P.S.- Sadar, Dist.- Darbhanga. 2.
Raj Kishore Sharma Son of Jageshwar Sharma Resident of Mohalla - Kanti, P.S.- Sadar, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha, Adv.
For the Opposite Party/s :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 498A, 304B and 34 of the Indian Penal Code.
As per the prosecution case, the sister of the informant was married to Chandan Sharma. It is stated that all the accused persons including the petitioners herein tortured the informant's sister, assaulted her and ultimately she was killed by them.
It is submitted by learned counsel for the petitioners that the petitioners who are the Bhaisur and Devar (elder and younger brother of the husband) of the deceased, have been
Patna High Court CR. MISC. No.65506 of 2021(03) dt.13-05-2022 2/2 falsely implicated in the case. They are separate in residence and mess. The allegations are general and omnibus in nature. The husband of the deceased is in custody. The petitioners are in custody since 13.8.2021 and investigation in the case has concluded.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., material that has transpired in course of investigation, general and omnibus allegation against the petitioners, the husband of the deceased being in custody and the petitioners having remained in custody for 9 months, the Court directs both the petitioners to be enlarged on bail in connection with Sadar P.S. Case no. 249 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga.
(Partha Sarthy, J) Bibhash/- U T