Arjun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84818 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Arjun Sharma, Son Of Late Achhelal Sharma, Resident Of Bijbani, P.S. Ghorasahan (JITNA), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ghorasahan (Jitna) P.S. Case No. 231 of 2023 for the offence registered under Sections 302, 201, 34 of the I.P.C.

3. As per prosecution case, the deceased daughter of the informant was burnt to death by the petitioner at her matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. In this case, the marriage took place in the year 2000 and the occurrence took place in the year 2023 i.e. after 23 years of marriage and in the

Patna High Court CR. MISC. No.84818 of 2023(2) dt.23-01-2024 2/2 FIR, there is no allegation of torture was made at any point of time. In fact, wife of the petitioner while cooking food caught fire and died on the way to hospital. There is no eye-witness to the alleged occurrence. However, with the ulterior motive, the present case has been instituted. Petitioner has no criminal antecedent. Petitioner is in jail custody since 11.05.2023. Charge-sheet has already been submitted against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Ghorasahan (Jitna) P.S. Case No. 231 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T