IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3675 of 2010 RAVINDRA KUMAR SHARMA Versus STATE OF BIHAR ----------- 5. 25.08.2010 Heard learned counsel for the petitioner, Ravindra Kumar Sharma @ Ravindra Sharma who is in custody since 18.05.20-09 in connection with Kotwali (Adampur) P.S. Case No. 264/08 for the offence registered u/Ss 302, 498A of the IPC and 3/4 of Dowry Prohibition Act and subsequently, converted u/S 304B of the IPC. as also heard learned counsel appearing for the state. Admittedly, the petitioner is elder brother of deceased’s husband and it is alleged that he used to torture the deceased and on the alleged date of occurrence, he lit fire on the body of the deceased as a result of which she died in course of treatment. The colntention of learned counsel for the petitioner is that during course of investigation, only one witness namely, Guddu Kumar claimed to have seen the occurrence but the aforesaid witness has stated before the i.O. that at the time of alleged occurrence, petitioner was not present in his house which is evident from perusal of Paragraph-15 of the case diary. He also points out that trial of the petitioner is likely to be concluded and almost all the important witnesses have already been examined. He points out that the informant as well as several other family 2 members of the deceased have not supported the prosecution case and stated that relation of the deceased with her in laws was very cordial and she caught fire accidentally on the alleged date of occurrence. Learned counsel appearing for the state fairly conceded this fact that paragraph-15 of the case diary reveals that at the time of alleged occurrence, petitioner was not present in his house. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, I direct that the petitioner, Ravindra Kumar Sharma @ Ravindra Sharma be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with S.Tr. No. 1160/09 arising out of Kotwali (Adampur) P.S. Case No. 264/08 to the satisfaction of Additional Sessions Judge-IV, Bhagalpur. AKV/- ( Hemant Kumar Srivastava, J.)