Lal Babu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21342 of 2015 Arising Out of PS.Case No. -15 Year- 2014 Thana -DAUDPUR District- SARAN ====================================================== Lal Babu Sharma, son of late Ram Bachan Sharma, resident of Village : Aathdilla, P.S. : Rasulput, District : Saran at Chapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar alias Sanidh, Advocate For the Opposite Party/s : Mr. Narsing Tanti (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 302/34 of the Indian Penal Code.
The prosecution case, in brief, is that on 2.3.2014 the father of the informant was sleeping in his house in the midnight, the accused Sandeep Sharma and Lal Babu Sharma (the petitioner) came on a motorcycle and they got down from the motorcycle. Accused Sandeep Sharma started giving Dab blow indiscriminately to informant's father. The petitioner was caught hold of his father. The informant raised alarm and went near his father, then he was also threatened to kill. Out of fear the informant did not go there and the accused persons fled away. On hulla, the villagers arrived and saw that the father of the informant sustained injury on his head, neck and left wrist. It is further alleged that informant's father was lying unconscious. The informant brought his father at Chapra Sadar Hospital. Having seen the serious condition of the father of the
Patna High Court Cr.Misc. No.21342 of 2015 (2) dt.13-07-2015 2/2 informant, the doctor referred him to PMCH, Patna but, in the meantime, he succumbed there. It is further alleged that the reason behind the occurrence is said to be that accused Sandeep Sharma being cousin Sala (brother-in-law) of the informant used to talk with the sister of the informant, namely, Sindhu Kumari, which was opposed by the deceased and once the deceased had also beaten him for the same.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.3.2015 and the charge sheet has been submitted in the case. It is further submitted that the main allegation is against Sandeep Sharma. It has further been submitted that no injury has been attributed to the petitioner. It is further submitted that the petitioner may be released after completion of six months in custody.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail after completion of six months from 31.3.2015 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Arvind, learned Judicial Magistrate, Saran at Chapra, in connection with Daudpur P.S. Case No.15 of 2014.
(Sudhir Singh, J) PNM U T