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Patna High Court - Orders

Jyotish Prasad Sharma vs The State Of Bihar on 28 April, 2017

Author: Sanjay Priya

Bench: Sanjay Priya

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.13231 of 2017
                  Arising Out of PS.Case No. -171 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI
                 ======================================================
                 Jyotish Prasad Sharma, Son of Late Chhedi Sharma, Resident of Village-
                 Milki, Police Station- Bihpur, in the district of Bhagalpur.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Prabhu Narayan Sharma, Advocate
                 For the Opposite Party/s : Mr. Sri Umeshnand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

4   28-04-2017

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Sahebpur Kamal P.S. Case No. 171 of 2016 instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is father-in-law of the deceased and mere suspicion has been raised against him. In the written report it has been alleged that the dead body of a female and three minor children were recovered near Sanha Halt. The dead bodies were thrown at some distance of the aforesaid Halt by cutting their necks. The F.I.R. has been lodged against unknown on 19.9.2016 by the Choukidar. Thereafter one petition has been filed by the brother Patna High Court Cr.Misc. No.13231 of 2017 (4) dt.28-04-2017 2/2 of the deceased on 25.09.2016 (Annexure-2) raising suspicion against this petitioner, who is father-in-law, and also levelled specific allegation against the husband of the deceased.

The case diary has been received.

Learned counsel for the State submitted that the witnesses have raised mere suspicion against this petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released 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 Additional Chief Judicial Magistrate-V, Begusarai in connection with Sahebpur Kamal P.S. Case No. 171 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) S.Pandey/-

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