Birendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68219 of 2019 Arising Out of PS. Case No.-98 Year-2014 Thana- BASANTPUR District- Siwan ====================================================== Birendra Sharma, aged about 30 years (Male), Son of Late Ramsawarath Sharma @ Sawarath Sharma Resident of Village-Kumkumpur (Kukumpur), P.S-Basantpur, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and learned counsel for the State through virtual court proceeding. In this case, the petitioner is seeking bail in connection with Basantpur P.S. Case No. 98 of 2014 registered for offences under sections 304(B)/34 of the Indian Penal Code. The First Information Report has been lodged making a statement that the daughter of the Informant was married with the present petitioner and, after two years, the family members started to demand a motorcycle. When the same was not given, she has been burnt to death.

The main allegation has been made against Shail Devi and Anita Devi who were put to trial in Sessions Trial No. 292 of 2014 in which both the accused persons have been let off vide judgment and order dated 7.7.2018 passed by the 5th

Patna High Court CR. MISC. No.68219 of 2019(6) dt.27-05-2020 2/2 Additional Sessions Judge, Siwan.

Learned counsel for the petitioner submits that on the date of occurrence, the petitioner had gone outside for his earning which is apparently clear from paragraph nos. 11 & 12 of the case diary, the statement of the mother and father of the victim girl.

Considering the fact that the main accused persons have been let off and, on the date of occurrence, the petitioner was not present in the house as also looking to the present situation arising out of Covid-19 outbreak, let the petitioner, above named, be released on bail on furnishing personal bail bond to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 98 of 2014. (Shivaji Pandey, J) rishi/- U T