Jageshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65693 of 2021 Arising Out of PS. Case No.-249 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

JAGESHWAR SHARMA Son of Late Prem Sharma Resident of Village - Kanti, P.S.- Sadar, Distt.- Darbhanga.

2.

Thakni Devi W/o Jageshwar Sharma Resident of Village - Kanti, P.S.- Sadar, Distt.- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, 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 father-in-law and the mother-inlaw of the deceased have been falsely implicated in the case.

Patna High Court CR. MISC. No.65693 of 2021(03) dt.13-05-2022 2/2 They have been living separately. The deceased was living in Delhi with her husband and had come only during Covid-19 lockdown period. While attending the call of the nature, she fell down accidentally and drowned. No external injury has been found on her body. The petitioners are in custody since 13.8.2021 and have no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on perusal of the material that has transpired in course of investigation, it transpires that besides the allegations in the F.I.R. the witnesses in course of investigation have consistently made statement about both these petitioners assaulting and torturing the deceased. In the facts of the case, the Court is not inclined to enlarge the petitioners on bail and the application is rejected. Liberty is granted to the petitioners to renew their prayer for bail after six months.

(Partha Sarthy, J) Bibhash/- U T