Shiv Shankar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76551 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- PIPRA District- Supaul ====================================================== Shiv Shankar Sharma S/O Varis Lal Sharma Resident of Village - Lalmniya, Police Station- Pipra, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-10-2024 Heard Mr. Arun, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Pipra P.S. Case No. 135 of 2024 for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code, lodged on 25.04.2024 by the informant, Ramdev Sharma.
3. As per the prosecution story, the informant alleged tht the victim lady was married to Chandan Sharma but was tortured for dowry and on the fateful day came to know about her killing, which followed the F.I.R.
4. Learned counsel for the petitioner submits that he being the father-in-law was living separately and no business with the couple, the husband is in custody since 26.04.2024 itself and
Patna High Court CR. MISC. No.76551 of 2024(2) dt.24-10-2024 2/3 the bonafide of the petitioner can also be seen that immediately after occurrence he was taken into custody and is an aged person.
5. Learned APP for the State opposes the prayer submitting that he is the father-in-law of the deceased and there was demand of dowry and the killing took place within seven years.
6. The allegation is there, the fact remains that the petitioner is in custody since 26.04.2024 having no criminal antecedent, he is father-in-law and husband is in custody as stated in the petitoner, F.I.R. lodged, he will be facing the trial, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 135 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates
Patna High Court CR. MISC. No.76551 of 2024(2) dt.24-10-2024 3/3 without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T