Patna High CourtCR. MISC./22848/2017rejected

Guddu Sharma @ Guddhu Kumar Sharma And ANR v. The State Of Bihar

2017-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22848 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Guddu Sharma @ Guddhu Kumar Sharma, Son of Madan Sharma,

2. Madan Sharma, Son of Late Achhelal Sharma, Both Resident of VillageHarakhuwa, Nawka Tola, P.S.& District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioners seek bail in Gopalganj Town P.S. case No. 148 of 2016 under Section 304B/34 of the Indian Penal Code.

The informant, mother of the deceased, alleged that her daughter was married with Sonu Sharma, brother and son of the petitioners about two years ago. Her son-in-law went to Arab country to earn his livelihood. She further alleged that before six months of the occurrence, mother-in-law, father-in-law and brothers-in-law used to torture her daughter for non fulfillment of demand of additional dowry. The informant went there and pacified the matter but on 04.04.2016 she got information that her

Patna High Court Cr.Misc. No.22848 of 2017 (3) dt.10-07-2017 2/2 daughter and her nine months grand daughter were burnt to death. The learned counsel for the petitioners submits that petitioners are brother-in-law and father-in-law of the deceased. Admittedly, the husband is in Arab country. The petitioners were living separately and sister-in-law (Nanad) of victim has already been granted anticipatory bail. The case of the petitioners stands on the same footing but from perusal of the case diary it appears that, besides the informant, other witnesses have categorically stated that petitioners were also subjecting the deceased to torture. The deceased and her nine months baby were burnt to death. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T