Boudhi Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51862 of 2016 Arising Out of PS.Case No. -236 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Boudhi Sharma, son of late Soti Sharma, resident of village Gangeli, PS- K. Nagar (Maranga), Dist-Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail for the offence under Sections 304(B), 201/34 of the Indian Penal Code. It is submitted on behalf of petitioner that he is father-in-law of the deceased and no specific overt act has been alleged against him. It has further been submitted that even according to prosecution case, it is the case of poisoning but no forensic report is available on the record. Inspite of direction of this Court forensic report has not been produced in the court. Petitioner is in custody since 16.07.2016.
Heard learned A.P.P. also. Learned A.P.P. could not controvert the fact that there is no specific allegation against the petitioner.
Patna High Court Cr.Misc. No.51862 of 2016 (4) dt.12-01-2017 2/2 Having heard both sides. In view of the facts that from record it appears that there is no specific allegation against petitioner and in this case FSL report has been called for vide order dated 13.12.2016 but it has not been produced till now, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Nagar (Maranga) P.S. case no. 236 of 2016. (Vinod Kumar Sinha, J.) rinkee/- U T