IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27695 of 2009 AJAY KUMAR SHARMA Versus STATE OF BIHAR ----------- 3 15.10.2009 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the informant. Petitioner has been made accused in connection with Sadar P.S. Case No. 56 of 2009 registered under Sections 304B/34 of the Indian Penal Code but after completion of investigation chargesheet has been submitted by the police under section 306 of the Indian Penal Code. Substance of the allegation against the petitioner who happens to be the husband of the deceased is of causing death of his wife Sujata Kumari @ Pinki, daughter of the informant. Learned counsel for the petitioner submits that there was no reason for the petitioner to have led to such occurrence as the marriage itself was solemnized in a temple with the consent of the couple. He relies upon paragraph No.6 of the case diary which demonstrates that prior to the occurrence the deceased had handed over 2 their daughter to one Sangita Mishra and soon thereafter the said Sangita Mishra saw smoke coming out from the house of the petitioner. It is contended that the petitioner is a practicing Advocate and was not present at the place of occurrence. Learned counsel relies upon the statement of the neighbours made in paragraphs 36, 37 of the case diary to substantiate that no body was present when the alleged occurrence took place. Learned counsel further submits that it is a case of suicide. It is further contended that petitioner has been languishing in Jail custody since 20.5.2009. Having regard to the facts and circumstances of the case, let the petitioner, Ajay Kumar Sharma, 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 the Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 56 of 2009 subject to the condition that the petitioner would receive the police paper and would co-operate in the trial. Petitioner would attend each and every date fixed in the case and the failure on the part 3 of the petitioner to attend the court below on two consecutive dates fixed in the case, would confer liberty on the court below to institute proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )