Gulab Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71102 of 2022 Arising Out of PS. Case No.-86 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== GULAB SHARMA SON OF LATE BIKRAMA SHARMA RESIDENT OF VILLAGE- AGIAON BAZAR, P.S.- AGION BAZAR, DISTRICTBHOJPUR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2022 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Agiaon Bazar P.S. Case No. 86 of 2020 registered for the offences punishable under Sections 304-B and 120-B/34 of the Indian Penal Code 1860.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 28.3.2022 passed in Cr. Misc. 31913 of 2021 with liberty to renew his prayer for grant of regular bail after six months. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71102 of 2022(2) dt.21-12-2022 2/3 petitioner is father-in-law of the deceased. The allegation in the First Information Report is against all the family members including the husband of the deceased that they have killed the daughter of the informant by setting her on fire due to nonfulfillment of the demand of dowry. Learned counsel further submits that all the family members have been made accused in this case and the allegation against the petitioner is general and omnibus in nature. The husband of the deceased is in custody and the petitioner has remained in custody since 16.8.2020 i.e. for more than two years.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is father-in-law of the deceased, there is general and omnibus allegation against the petitioner, he is in custody since 16.8.2020 and this is second attempt for grant of bail, I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail, after framing of charge if the same has not been framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII,

Patna High Court CR. MISC. No.71102 of 2022(2) dt.21-12-2022 3/3 Bhojpur at Ara, in connection with Agiaon Bazar P.S. Case No. 86 of 2020 subject to the condition the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T