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Patna High CourtCR. MISC./1685/2017allowed

Mithilesh Prasad Sharma v. The State Of Bihar

2017-01-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1685 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1685 of 2017 Arising Out of PS.Case No. -69 Year- 2011 Thana -GURARU District- GAYA ====================================================== Mithilesh Prasad Sharma, S/o- Late Sidheshwar Sharma, R/o villageBahera, P.S.-Guraru, District- Gaya Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avinash Shekhar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody in connection with Guraru P.S. Case No. 69 of 2011 registered under Section 302, 201 and 34 of the Indian Penal Code.

3.

It is alleged that the petitioner and two other accused persons took the money from the informant's daughter after death of the informant's husband and for return of the said money there was some dispute, hence the informant suspected that the informant's daughter has been killed by the petitioner and other two accused persons and the dead body of the victim has been disposed off. 4.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. From the order of Sessions Judge it does not appear that any cogent material has appeared during investigation against the petitioner. Moreover, other co-accused

Patna High Court Cr.Misc. No.1685 of 2017 (2) dt.18-01-2017 persons, namely, Dharmendra Narayan Sharma @ Dhanjay Sharma and Bindeshwar Sharma along with Murari Thakur, have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 1345 of 2012 and 9910 of 2012 respectively.

5.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Guraru P.S. Case No. 69 of 2011. (Arvind Srivastava, J) brajesh/- U T