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Patna High CourtCR. MISC./30354/2023allowed

Srikant Sharma @ Srikant Singh v. The State Of Bihar

2023-08-28Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30354 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

Srikant Sharma @ Srikant Singh Son of Late Ramlakshan Singh At Present Resident of Mohalla - South Chitragupt Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna temporary Address village - Khokhuna, P.S.- Fatuha, District - Patna 2.

Bimla Devi Wife of Srikant Sharma @ Srikant Singh At Present Resident of Mohalla - South Chitragupt Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna temporary Address village - Khokhuna, P.S.- Fatuha, District - Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Anand Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2023 Learned counsel for the petitioners is permitted to remove the defects in the course of the day.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners are apprehending their arrest in connection with Fatuha P.S. Case No. 175 of 2022 registered for the offences punishable under Sections 304B, 201 / 34 of the Indian Penal Code.

4. As per the prosecution case, after the marriage of the daughter of the informant with the co-accused Pintu Kumar, she was subjected to domestic violence and the informant came

Patna High Court CR. MISC. No.30354 of 2023(2) dt.28-08-2023 2/3 to know that she was thrown away from three story building. However, she has no knowledge about what happened to the victim.

5. Learned counsel for the petitioners submits that petitioners are innocent, committed no offence and have falsely been implicated in this case. He further submits that petitioners are old aged father-in-law and mother-in-law of the deceased lady. The son and daughter-in-law were living in the village and the petitioners are living in Patna and have not visited the village since long time due to old age and other physical infirmities. The daughter-in-law of the petitioners had health problem and she was admitted to the hospital under emergency on account of cardiac problem and she died in K.K. Emergency Hospital Pvt. Ltd. due to cardiac arrest which is supported with the certificate issued by the said hospital. Petitioners have no criminal antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon

Patna High Court CR. MISC. No.30354 of 2023(2) dt.28-08-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna City in connection with Fatuha P.S. Case No. 175 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T