Shambhu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57347 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.
Shambhu Sharma Son Of Late Mahipal Sharma Resident Of Village- Sahuli Bazari Tola, Ps- Hussainganj, Distt- Siwan 2.
Sanjay Sharma Son Of Shambhu Sharma Resident Of Village- Sahuli Bazari Tola, Ps- Hussainganj, Distt- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 304(B), 201/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per allegation in the FIR, petitioners along with his family members have tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is the father-in-
Patna High Court CR. MISC. No.57347 of 2023(3) dt.09-02-2024 2/3 law and petitioner no. 2 is the Bhaisur (elder brother of the husband) of the deceased and both were falsely implicated in this case. General and omnibus allegation has been levelled against the petitioners. They had never demanded any thing from the deceased or her family members. Both are living separately and they have no concern with the mess and business of the deceased and her husband. Husband of the deceased is not made accused in this case. Similarly situated co-accused Jeera Devi (Mother-in-law) and Rubi Devi (Gotani) have already been granted bail by another coordinate Bench of this Court vide order dated 20.04.2023 passed in Cr. Misc. No. 62389 of 2022. Petitioners have got no criminal antecedent and they are languishing in judicial custody since 05.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57347 of 2023(3) dt.09-02-2024 3/3 satisfaction of the learned Sessions Judge, Siwan in connection with Hussainganj P.S. Case No. 228 of 2022. (Sunil Kumar Panwar, J) lata/- U T