Umeshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61609 of 2022 Arising Out of PS. Case No.-678 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== UMESHWAR SHARMA S/o Suryadev Sharma R/o Vill- Fatehpur, P.S.- Kanti, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 498A, 304B read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry and also giving birth to a female child.

Patna High Court CR. MISC. No.61609 of 2022(2) dt.15-03-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioner. The name of the petitioner has been dragged in this case because the petitioner is the father-in-law of the deceased. Learned counsel has further submitted that the information with regard to the death of the deceased was given by the co-accused, Satyam Kumar @ Bittu to the father of the deceased and the people of her maika side also attended the last ritual of the deceased. Learned counsel has also submitted that the daughter of the informant died due to illness. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2022.

Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West, Muzaffarpur in connection with Kanti P. S.

Patna High Court CR. MISC. No.61609 of 2022(2) dt.15-03-2023 3/3 Case No. 678 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T