Kedar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56109 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Kedar Sharma, Son of Late Nathan Sharma,

2. Sintu Kumar, Son of Kedar Sharma, Both resident of Village- Ghoshai, P.S.- Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek regular bail in connection with Chausa P.S. Case No. 68 of 2017, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Allegation as per the FIR is of killing of the informant's son namely Gauri Kumar @ Gauri Shankar Sharma. It has been submitted on behalf of the petitioners that FIR, itself, shows that scuffle took place between the children of both sides and there is allegation that the petitioners came there and assaulted the son of the informant and when the informant intervened she was thrown on the ground. It is further submitted that the deceased was not taken to the hospital and later on he died

Patna High Court Cr.Misc. No.56109 of 2017 (2) dt.23-11-2017 and thereafter the present case has been lodged. The petitioners are in custody since 8 months and 3 months.

Heard learned APP also.

Having heard both sides, in view of the above facts, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Udakishunganj (Madhepura) in connection with Chausa P.S. Case No. 68 of 2017, subject to the following conditions:

(i). One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii). The petitioner will not induce any witness or tamper with the evidence.

(iii). The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) KKSINHA/- U T