Parshuram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23714 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- TARAIYA District- Saran ====================================================== 1.

PARSHURAM SHARMA S/O Late Mishrilal Sharma R/O Village - Pokhrera, P.S. - Taraiya, District - Saran.

2.

Renu Devi W/O Parshuram Sharma R/O Village - Pokhrera, P.S. - Taraiya, District - Saran.

3.

Neha Kumari @ Neha Kumari Sharma relation not given R/O Village - Pokhrera, P.S. - Taraiya, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honor his undertaking given in the instant case for depositing the

Patna High Court CR. MISC. No.23714 of 2020(2) dt.01-10-2020 2/3 requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioners apprehend their arrest in connection with Taraiya P.S. Case no. 120 of 2020 instituted for the offence under Section 304B/34 of the Indian Penal Code. The petitioners are accused of committing offence under Section 304 B of the IPC. The death of the victim is due to poisoning.

It is submitted by the petitioners' counsel that petitioner nos. 1, 2 and 3 are father-in-law, mother-in-law and unmarried sister-in-law respectively. The husband and victim had both suffered poisoning from the food they have consumed together on the fateful night. Annexure-4 is the hospital discharge summary of the husband of the victim, which supports the submission of the petitioner's counsel. The husband is already in custody. The petitioners have been made accused in the instant case only by virtue of their relation. The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners before the court below, named

Patna High Court CR. MISC. No.23714 of 2020(2) dt.01-10-2020 3/3 above, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM Saran at Chpara in connection with Taraiya P.S. Case no. 120 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T