Kulanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44356 of 2014 Arising Out of PS.Case No. -161 Year- 2012 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Kulanand Sharma Son of Late Banauri Sharma @ Banarsi Sharma Resident of Village-Mahdipur, Police Station-Alam Nagar, District-Madhepura. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The allegation against the petitioner and others is to have killed the deceased Kalpana Devi.

It is submitted that the petitioner is an old man of 73 years and father of Arbind Sharma, husband of the deceased. It is further submitted that petitioner was living separately from his son Arbind Sharma and his wife Kalpana Devi. There is no specific allegation of overt act against the petitioner. Arbind Sharma, husband of the deceased, has been put on trial in Sessions Trial no. 250 of 2013 in which informant Dashrath Sharma was examined as P.W. 5 and he has stated in para-18 that Arbind Sharma has been living separately from his parents prior to the occurrence. The petitioner has no criminal antecedents.

Patna High Court Cr.Misc. No.44356 of 2014 (2) dt.03-03-2015 2/2 Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 learned Chief Judicial Magistrate, Madhepura, in Alam Nagar P. S. Case no. 161 of 2012 corresponding to G.R. no. 2299 of 2012 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T