Uttim Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2010 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Uttim Sharma S/o Late Chaudhiri Sharma R/o Village Naya Nagar, P.S. Uda Kishunganj, District - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Indu Kumari Srivastav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 10.08.2014 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The dead body of the mother of the informant was recovered when it was suspected that the FIR named accused persons, who are related to the petitioners, with whom there is land dispute, have killed the mother of the informant. It is submitted by learned counsel for the petitioner that petitioner is not named in the FIR. His name sprang up in 164 Cr.P.C. statement of Rekha Devi after 15 days of the occurrence when she suggested that the petitioner was seen in the

Patna High Court Cr.Misc. No.2010 of 2015 (02) dt.19-01-2015 2/2 company of the co-accused while they were taking the victim forcibly on the alleged date of occurrence. It is further submitted that such statement on behalf of family members of the informant after 15 days of the occurrence reflects the subsequent development.

A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Uda Kishunganj P.S. Case No. 71 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T