Rajeev Chandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86842 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Rajeev Chandan Sharma S/o Janardan Sharma Resident Of Village- Rampur, Ps- Sidhwalia, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sidhwalia P.S. Case No. 21 of 2024 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. The allegation upon the petitioner is that for demand of a car and some money the petitioner along with other named accused persons had killed the daughter of the informant on 24.01.2024 by strangulation.

4. Learned counsel for the petitioner submits that the petitioner who happens to be the husband of the deceased daughter of the informant has falsely been

2/4 implicated in this case as incident occurred on 24.01.2024 while the FIR was registered on 29.01.2024. Learned counsel further submits that during the course of investigation the witnesses have stated that the daughter of the informant had committed suicide and the door was locked from inside. The learned counsel further points out to the postmortem report which suggests that the cause of death was asphyxia due to hanging. The learned counsel lastly submits that the petitioner carries clean antecedent and he is in custody since 13.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that the petitioner is the husband of the deceased and he was answerable for the cause of death which is apparent from the FIR wherein it has been stated that there is a demand of car from the deceased family.

6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that the witnesses during the course of investigation have stated that the daughter of the informant had committed suicide and the room was locked inside and even from perusal of the postmortem report which suggests that the death is due to hanging, let the above

3/4 named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Gopalganj in connection with Sidhwalia P.S. Case No. 21 of 2024 with further condition:- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall

4/4 not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Prakash/- U