Raja @ Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7697 of 2016 Arising Out of PS.Case No. -251 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Raja @ Raj Kumar Sharma, Son of Ram Ashish Sharma, resident of Villgae- Badi Yusufpur, Police Station- Industrail Area Hajipur, DistrictVaishali at present Mohalla- Malin Gali Aamgola, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Kazi Mohammadpur P.S. Case No. 251 of 2014 for offence under Section 302/34 of the Indian Penal Code. As per allegation made by the wife of the victim, the petitioner had came to his house to take her husband, giving assurance that Rs. 35,000/- that he has taken will be returned to him. The relationship was very cordial but, later on, it was found that he has been fallen from the top floor of the house. Allegation has been against the petitioner to have killed her husband. The death has taken place on account of fall

Patna High Court Cr.Misc. No.7697 of 2016 (3) dt.18-04-2016 from the top of the floor of the house. The postmortem report also suggests that there is a fracture of the scull on account of injury sustained by the victim. Learned counsel for the petitioner submits that there was a friendly relationship with the victim and there was no occasion to throw him down from the top of the building. When the Informant know the real story, she filed an application that under the wrong impression, she has lodged First Information Report. It was a natural fall from the top of the building. The petitioner is in judicial custody since 16.12.2015. Looking to the facts and circumstances of the case, let the petitioner, namely, Raja @ Raj Kumar Sharma be released on bail on 20.5.2016 on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 251 of 2014, subject to the condition that if the petitioner is found absent on any day before the court below in course of trial, the court below will be at liberty to pass any order even cancellation of the bail.

(Shivaji Pandey, J) Rishi/- U T