Partly allowed

Suresh Sharma v. The State of Bihar

Patna HC10 Jan 2022CR. MISC./16514/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to two petitioners (mother-in-law and married sister-in-law of the deceased) in a Section 304(B) IPC dowry death case, subject to surrender within six weeks and furnishing ₹10,000 bonds with sureties.

What did the court decide?

Anticipatory bail granted to petitioner nos. 2 and 3 subject to surrender within six weeks and furnishing bonds of Rs. 10,000 each with sureties. Petition for petitioner no. 1 dismissed as withdrawn.

Suresh Sharma Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16514 of 2021

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Arising Out of PS. Case No.-467 Year-2020 Thana- BIDUPUR District- Vaishali

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======================================================

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1. SURESH SHARMA, SON OF LATE SHANKAR SHARMA RESIDENT OF VILLAGE - RAHIMAPUR, POLICE STATION BIDUPUR, DISTRICT VAISHALI

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GAYANTI DEVI, W/O SURESH SHARMA RESIDENT OF VILLAGERAHIMPUR, P.S- BIDUPUR, DIST- VAISHALI

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PRITI DEVI, W/O VIJAY KUMAR THAKUR RESIDENT OF VILLAGEJANDAHA, P.S- JANDAHA, DIST- VAISHALI

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harendra Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 10-01-2022 Heard Mr. Soban Ashgar, learned counsel for

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the petitioners; Mr. Ashok Kumar, learned counsel for the informant; and Mr. Dashrath Mehta, learned APP for the State.

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Mr. Ashgar seeks permission to withdraw the application with respect to petitioner no. 1, who has died

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during the pendency of this application.

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The application with respect to petitioner no. 1

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is dismissed as withdrawn.

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Patna High Court CR. MISC. No.16514 of 2021(2) dt.10-01-2022 2/4

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The petitioner nos. 2 and 3, who are the

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mother-in-law and married sister-in-law of the deceased

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respectively, seek bail in anticipation of their arrest in connection with Bidupur P. S. Case No. 467 of 2020, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.

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It has been alleged in the FIR by the father of the deceased that after giving sufficient dowry, the marriage of the deceased was performed with the son of petitioner no. 2. But shortly after the marriage, she was being ill-treated and was being pressurized to bring further dowry.

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The learned counsel for the petitioner nos. 2 and 3 has submitted that merely because of their relationship with the husband of the deceased, they have been made accused in this case.

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The accusation against petitioner nos. 2 and 3 are absolutely general and unspecific.

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It has further been submitted that the deceased

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Patna High Court CR. MISC. No.16514 of 2021(2) dt.10-01-2022 3/4

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has committed suicide after she had a fight with her husband.

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The petitioner no. 3 is stated to have been married long time ago and the possibility of her insinuating at the deceased does not appear to be correct. Before the death of the deceased, she along with her husband had been living separately and the petitioners had no idea about their affairs.

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The husband of the deceased is in custody since 24.12.2021.

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Regard being had to the aforesaid facts, the petitioner nos. 2 and 3, above-named, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/-

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(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P. S. Case No. 467 of 2020, subject to the

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Patna High Court CR. MISC. No.16514 of 2021(2) dt.10-01-2022 4/4

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conditions laid down under Section 438(2) of the Cr.P.C.

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This petition stands disposed off.

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(Ashutosh Kumar, J)

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skm/-

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U T

Suresh Sharma v. The State of Bihar

Case brief

What is this about?

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Suresh Sharma v. The State of Bihar

Case brief

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