Mithilesh Sharma @ Mithilesh Kumar Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37071 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -KHARIK District- BHAGALPUR ======================================================
1. Mithilesh Sharma @ Mithilesh Kumar Sharma, Son of Awadhesh Sharma
2. Ujjawal Sharma @ Ujjawal Kumar Sharma Son of Mithilesh Sharma @ Mithilesh Kumar Sharma
3. Suchita Devi, Wife of Mithilesh Sharma @ Mithilesh Kumar Sharma All are resident of village- Narkatia, P.S. Kharik, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsel for the petitioners and the State.
The petitioners being the father, brother and mother of the husband of he victim are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 328, 304(B)/34 of the Indian Penal Code.
Accusation is of killing daughter of the informant after five years of marriage by making assault and administering poison.
It is submitted by the learned counsel for the petitioners that the petitioners claim to be separate from the husband of the victim and accusation is omnibus and general.
Patna High Court Cr.Misc. No.37071 of 2015 (2) dt.27-08-2015 Cause of death has not been finally ascertained by the Doctor, who conducted post-mortem and viscera has been preserved. Husband of the victim is in custody.
Considering the thrust of the accusation against the husband of the victim, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 155 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T