Mithilesh Sharma @ Mithlesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25730 of 2024 Arising Out of PS. Case No.-218 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Mithilesh Sharma @ Mithlesh Sharma Son of late Udeshwar Singh Resident of vill.Dhuriyari, P.S.-Ghosi, Distt.-Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Md. Ataur Rahman Mr.Ankit Katriar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for offence under Sections 302/34 of the Indian Penal Code.
3. As per prosecution case, at the instance of this petitioner, co-accused Bimlesh Kumar @ Chhotu alongwith several unknown persons caused death of wife of informant by strangulation and assault.
4. It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is apparent that co-accused Bimlesh Kumar @ Chhotu, who allegedly entered into the house of informant and thereafter, committed murder of informant's wife and merely because petitioner is father of co-accused Bimlesh Kumar @ Chhotu, he has been falsely implicated in this case.
Patna High Court CR. MISC. No.25730 of 2024(3) dt.19-04-2024 2/2 Informant is not eye-witness to the occurrence. Petitioner is only suspected to be involved in the case. Petitioner has got clean antecedent and is in custody since 08.01.2024. Chargesheet has been submitted.
5. Learned counsel for the informant vehemently opposed the bail petition and submitted that there is specific allegation against this petitioner that at his instance, co-accused Bimlesh Kumar @ Chhotu committed the murder of informant's wife.
6. Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned C.J.M., Jehanabad in connection with Ghosi P.S. Case No. 218 of 2023. (Prabhat Kumar Singh, J) anay U T