Patna High CourtCR. MISC./7472/2023bail rejected

Dharmendra Sharma v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7472 of 2023 Arising Out of PS. Case No.-563 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== DHARMENDRA SHARMA S/o Late Shambhu Sharma R/o Village- Purbi Kargahiya, P.S.- Bettiah Mufassil, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case no. 563 of 2022 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner was done to death for nonfulfilment of demand of dowry by way of motorcycle and Rs.70,000/- in cash.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are false and concocted. It was the deceased who committed suicide. The petitioner is in custody since 14.7.2022 and undertakes to cooperate in the trial.

Patna High Court CR. MISC. No.7472 of 2023(5) dt.16-10-2023 2/2

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner being the husband of the deceased and the cause of death in the postmortem report being death due to asphyxia as a result of pressure on the neck by means of firm or soft object, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Bibhash U