Sherwa @ Sherba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37425 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Sherwa @ Sherba Son of Karm Lal Sharma Resident of Village- Situaha, P.S. Salkhua, District Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mansi P.S. Case No.76 of 2016 for the offence registered under section 302 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, it came to light that deceased had illicit relation with wife of one Dular Chand and furthermore, it came to light the aforesaid Dular Chand with the help of petitioner and others got killed the deceased.

Submission on behalf of the petitioner is that the name of petitioner came in this case in confessional statement of coaccused Bircha Sharma and except the aforesaid confessional

Patna High Court Cr.Misc. No.37425 of 2016 (3) dt.17-11-2016 2/2 statement, there is nothing against him. It is further submitted that investigation against the petitioner has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that except confessional statement of co-accused, even after completion of investigation, nothing has come against the petitioner, let the petitioner above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Mansi P.S. Case no. 76 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.H./- U T