Patna High CourtCR. MISC./62176/2022bail rejected

Rakesh Sharma @ Gopal Sharma v. The State Of Bihar

2023-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62176 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Rakesh Sharma @ Gopal Sharma Son Of Karu Sharma @ Yamuna Sharma, R/O Mohalla- Shant Sahi Nagar, P.S.- Kahalgaon, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 361 of 2021, corresponding to S.T. NO. 535 of 2021/T.R. No. 370 of 2022 lodged under Sections 304(B)/34 of the I.P.C.

As per prosecution, the informant has filed this case against 3 named accused persons including the petitioner who is son-in-law of the informant. It has been alleged that the marriage was solemnized in the year 2015 as per Hindu Rites and Rituals. There was demand and torture for dowry. The allegation of killing the informant's daughter is upon the

Patna High Court CR. MISC. No.62176 of 2022(2) dt.22-02-2023 2/2 petitioner and his family members by strangulation is there in the F.I.R.

Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 07.06.2021.

Learned counsel for the State opposes the prayer for bail.

Upon specific query that whether charge has been framed or not, counsel submits that charge has already been framed.

Considering the facts that there is serious allegation against the petitioner under Section 304(B)/34 of I.P.C., I am not inclined to grant bail to the petitioner at present, therefore, bail petition of the petitioner is hereby rejected. Trial Court is directed to conclude the trial of this case within 9 months from today.

(Dr. Anshuman, J.) ravishankar/- U