Umesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2295 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -KISHANPUR District- SUPAUL ======================================================
1. Umesh Sharma, Son of Ganpat Sharma, Resident of Village- Dumariya, Police Station- Supaul, District- Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. According to prosecution case, earlier petitioner had raped the deceased, for which, deceased had lodged a criminal case against him but on the alleged date of occurrence, the petitioner called the deceased through his mobile phone and when the deceased came at the house of other accused, she was allegedly, administered to poison as a result of which, she died at her home.
Learned counsel for the petitioner submits that even if, the aforesaid story assumed to be true, then also, it is an admitted case of the prosecution that before her death, the deceased had disclosed that co-accused, Ram Prasad Sharma, Anand Lal
Patna High Court Cr.Misc. No.2295 of 2016 (3) dt.29-02-2016 Sharma and Siken Sharma had administered poison to her. It is further submitted that moreover, after due investigation, police submitted charge sheet u/S 306 of the Indian Penal Code. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, 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 Kishanpur P.S. Case No. 02 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Supaul. (Hemant Kumar Srivastava, J) A.K.V./- U T