Jageshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1569 of 2024 Arising Out of PS. Case No.-249 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Jageshwar Sharma S/o Late Prem Sharma Resident of Village - Kanti, P.S.- Sadar, Dist.- Darbhanga.

2.

Thakani Devi W/o Jageshwar Sharma Resident of Village - Kanti, P.S.- Sadar, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have renewed their prayer for grant of regular bail in connection with Darbhanga Sadar P.S Case no.249 of 2021 registered under sections 304B, 498A and 34 of the Indian Penal Code.

3. As per the prosecution case, the sister of the informant who was married to one Chandan Sharma was tortured by the accused persons and ultimately killed.

4. Learned counsel for the petitioners submits that the earlier application for bail of the petitioners was rejected vide order dated 13.5.2022 (Annexure-1) passed in Cr. Misc. no.65693 of 2021. They are the father-in-law and mother-in-law

Patna High Court CR. MISC. No.1569 of 2024(4) dt.09-02-2024 2/2 of the deceased and have been falsely implicated in the case. They are in custody since 13.8.2021. While rejecting their prayer for bail by the last order dated 13.5.2022, liberty was granted to the petitioners to renew their prayer for bail after six months.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R, the petitioners being the father-in-law and motherin-law of the deceased, their being in custody for more than 2 years 5 months since 13.8.2021 and the liberty granted in the earlier order of rejection dated 13.5.2022, both the petitioners are directed to be enlarged on bail in connection with Darbhanga Sadar P.S Case no.249 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga. (Partha Sarthy, J) Shiv/- U T