Ramdeo Sharma @ Ramdev Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78052 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== Ramdeo Sharma @ Ramdev Sharma Son Of Late Mehi Lal Sharma @ Mehi Shrma @ Mehi Sharma Resident Of Village- Raipur, P.S.- Ujiarpur, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Ujiarpur P.S Case No. 296 of 2022 registered for the offences punishable under Sections 304B, 201 / 34 of the Indian Penal Code.
3. It is a case of dowry death due to nonfulfillment of dowry demand by the petitioner and his family members.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.
Patna High Court CR. MISC. No.78052 of 2023(3) dt.15-03-2024 2/3 He further submits that no demand of dowry was made by him or by his family members. Petitioner is the father-in-law of the deceased and aged about 70 years. It is also submitted that petitioner is in judicial custody since 29.08.2023.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. On perusal of the FIR, seizure list and impugned order dated 16.09.2023 passed by learned Sessions Judge, Samastipur, it appears that petitioner is father-in-law of the deceased and no specific allegation made against the petitioner. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Dalsinghsarai, District - Samastipur in connection with Ujiarpur P.S Case No. 296 of 2022.
Patna High Court CR. MISC. No.78052 of 2023(3) dt.15-03-2024 3/3
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T