Chanchala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10669 of 2019 Arising Out of PS. Case No.-725 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== CHANCHALA DEVI Wife of Late Madan Mohan Sharma Resident of Village- Bhelura, Rampur, P.S.- Phulwarisharif (Janipur), District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 6.12.2018 in a case registered for the offences punishable under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act. The prosecution case as per the written report of Kamakhya Narain Sharma, dated 13.9.2018 submitted to the SHO, Janipur Police Station is to the effect that on 12.9.2018 the informant received information that his son has been killed. On such information the informant along with his villager Ramanand Sharma went to the spot and saw his son Bishal Bhaskar alias Shibu Kumar dead with fire arm injuries, leading to registration of FIR against unknown. The name of the petitioner sprang up on the confession of co-accused Sudhanshu Kumar who suggested that Ujjwal Singh, son of the petitioner,

Patna High Court Cr.Misc. No.10669 of 2019(2) dt.22-02-2019 2/2 in connivance with other accused persons including the petitioner, killed the deceased.

It is submitted by learned counsel for the petitioner that even as per the accusation, the petitioner did not participate in the actual killing of the deceased.

It is submitted by learned APP that the name of the petitioner sprang up in the confession of co-accused. Considering the fact that the investigation has already been concluded and the name of the petitioner sprang up in the confession of co-accused, coupled with the period under custody, let the petitioner above named 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 Sub Judge XV-cum- ACJM, Patna in connection with Phulwarisharif (Janipur) P.S. Case No.725 of 2018. (Dinesh Kumar Singh, J) anil/- U