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Patna High CourtCR. MISC./80080/2024bail rejected

Varun Sharma v. The State Of Bihar

2024-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80080 of 2024 Arising Out of PS. Case No.-199 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Varun Sharma Son of Late Devendra Sharma Villag- Bagahi PS- Motipur District -Muzaffarpur Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Motipur P.S. Case no. 199 of 2022 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his daughter was married to the petitioner about a year back. She was abused and assaulted for non-fulfillment of demand of dowry by way of Rs. 2 lakhs in cash and a motorcycle and was ultimately done to death.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the deceased. From the contents of the F.I.R itself it would be

Patna High Court CR. MISC. No.80080 of 2024(3) dt.20-12-2024 2/2 evident that the daughter of the informant was kept well. The allegations of demand of dowry and torture are false and concocted. There is no eyewitness to the occurrence. The petitioner is in custody 11.4.2023 and charge has been framed in the learned trial Court on 7.5.2024. The petitioner who has no criminal antecedent undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration, the allegations against the petitioner in the F.I.R, the petitioner being the husband of the deceased and the cause of death in the postmortem report being asphyxia as a result of ante-mortem hanging, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. The learned trial Court is directed to expedite the trial.

(Partha Sarthy, J) Harsh/- U T