IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17580 of 2022

Arising Out of PS. Case No.-313 Year-2021 Thana- KASIMBAZAR District- Munger

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Akash Sharma @ Chhotu, son of Late Ratan Sharma, resident of

village/Muhalla-Kasim Bazaar, P.S.-Kasim Bazar, District-Munger.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2

15-07-2022

Heard learned counsel for the petitioner and Mr.

Bharat Bhushan, learned APP for the State through video

conferencing in view of the COVID-19.

Let the defect(s) be removed within four weeks of the

complete start of the physical Court in normal course.

The petitioner is in judicial custody in connection

with Kasim Bazar P.S. Case No.313/2021 instituted under

Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the

Arms Act.

The FIR as it unfolds is/are as follows:

(a) It is alleged in the First Information Report that six

years ago Deepika Sharma, sister of the informant had married

Ravi Kumar, brother of this petitioner and since her marriage all

family members of her in law’s house started harassing her.

(b) It is further alleged in the FIR that Bhubneshwar

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Sharma, Kundan Sharma and others the agnates of the informant

due to property dispute killed Nivedika Bharti, mother of the

informant and in that occurrence his sister Deepika Sharma also

received gun shot injury that crippled her left hand and only for

that reason the family members of her in-law’s house did not

liked her.

(c) The FIR further alleges that Deepika Sharma was

an eye witness of her mother’s killing in Bariarpur P.S. Case

No.9/2017 and therefore the agnates of the informant were

pressurizing Deepika not to give evidence in Court. Even her

husband tried to state her to give any evidence against

Bhubneshwar Sharma and Kundan Sharma but Deepika refused

to oblige them.

(d) On 15.11.2021 Deepika Sharma was killed in her

in-law’s house and just prior to it, on 14.11.2021, she had called

her another brother Deepak Sharma (on his Mobile

No.7004589626) and had complained against the members of

her in-law’s house as also Bhubneshwar Sharma, Kundan

Sharma and Shanti Devi fearing that they may kill her.

The petitioner is the younger brother of the husband

of the deceased. According to the learned counsel for the

petitioner he had no connection with the couple and was living

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away from them. He further submits that it has specifically been

narrated in the FIR that it was the husband of the deceased who

was pressurizing her not to stand up as a witness in a murder

case in which one of his relative was implicated as an accused.

He as such submits that only because he belongs to the said

family, he has been implicated in the case and is in jail since

17.11.2021 (as stated in para-6 of the bail application).

Taking into account the aforesaid fact that the

allegation has been made against the husband, the petitioner is

the brother-in-law of the deceased, charge-sheet stands

submitted and he is in jail since 17.11.2021 as also the fact that

he does not have any criminal antecedent, this Court is inclined

to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing

bail bond of Rs.10,000/-(Rupees Ten Thousand) with two

sureties of the like amount each in connection with Kasim Bazar

P.S. Case No.313/2021 to the satisfaction of learned Chief

Judicial Magistrate, Munger, subject to following conditions:

(i) one of the bailor