Binod Sharma @ Binod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9402 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
BINOD SHARMA @ BINOD KUMAR S/o Shyamdev Sharma R/o villageMai, P.S.- Khizarsarai, District- Gaya 2.
CHUNCHUN KUMAR @ AJIT KUMAR S/o Binod Sharma @ Binod Kumar R/o village- Mai, P.S.- Khizarsarai, District- Gaya 3.
ASHUTOSH KUMAR @ TUNTUN S/o Ramjanam Sharma R/o villageMai, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 304(B) and 201 of the Indian Penal Code.
Allegation is that informant's sister (deceased) was married to Anand Mohan in the year 2019 and after marriage the accused persons, including the petitioners, started demanding Rs. 5 lakhs, fridge, T.V., A.C. and cooler and on non-fulfillment of the demand, the deceased was tortured, further the informant even gave Rs. 1,70,000/- but still they killed his sister and
Patna High Court CR. MISC. No.9402 of 2022(2) dt.02-09-2022 2/3 disappeared the body as informed by Sandhya Devi. It is next alleged that the deceased was pregnant and also had a one year old daughter about whom informant has no information. Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 have antecedent of one case and petitioner no.3 is a person with clean antecedent, petitioner no.1 is cousin father-in-law, petitioner no.2 is devar, petitioner no.3 is elder brother-in-law and they have been falsely implicated in the present case, it is next submitted that petitioner no.1 is cousin father-in-law and hence is not a staying with the husband of the deceased and petitioner nos. 2 and 3 are separate in mess and property from the husband of the deceased, further the husband of the deceased is in custody since 10.10.2020 and the allegation against the petitioners are also general and omnibus in nature. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.9402 of 2022(2) dt.02-09-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khizarsarai P.S. Case No. 293 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/GauravU T