Kumod Ranjan Sharma @ Kumod Ranjan @ Pinku Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54361 of 2019 Arising out of PS. Case No.-73 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== KUMOD RANJAN SHARMA @ KUMOD RANJAN @ PINKU THAKUR Son of Late Surendra Sharma Resident of Village - Devariya, P.O - Maijra Madhar, P.S.- Wen, Distt. - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr. S.D. Yadav, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-12-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 73 of 2019, dated 07.06.2019, registered at Police Station Mahila under Sections 498A and 363 of the Indian Penal Code.

I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.

Petitioner points out that Shobha Devi is not the married wife of the petitioner namely Kumod Ranjan Sharma @ Kumod Ranjan @ Pinku Thakur. Petitioner was married to Sheela Devi about 18 years ago and from the said wedlock he

2/4 has four children.

According to the informant Shobha Devi, by deceit, petitioner solemnized marriage with her and, thus, she is the legally wedded wife of the petitioner.

Be that as it may, at this stage, the Court is not examining the legal relationship inter se the parties, but from the record it is evident that there is no allegation of physical assault. The alleged crime is of dowry demand, which fact is seriously disputed by the petitioner. Prima facie also it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime.

It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence; is behind bars since 08.06.2019; no custodial interrogation is required; investigation is complete and charge-sheet also stands filed, and the petitioner has fully cooperated in the investigation.

Prima facie, nothing is produced to highlight petitioner's direct involvement in the crime. Thus, this Court is of the considered view that petitioner has made out a case for grant of bail. Possibility of

3/4 false implication, as is so alleged by the petitioner, cannot be ruled out. Also, thus far save and except for naming the petitioner in the F.I.R., no evidence corroborative in nature stands recorded by the police. Also, none has come forward to highlight the possible involvement of the petitioner in the crime. On what basis the Investigating Officer could link the accused to the crime is also not emanating from the record. Be that as it may, considering the entire attending facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Nalanda (Biharsharif) in connection with Mahila P.S. Case No. 73 of 2019, on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bonds shall be liable to be cancelled by the learned court

4/4 concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) P.K.P./- U