Sheo Mangal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5374 of 2015 Arising Out of PS.Case No. -337 Year- 2012 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Sheo Mangal Sharma son of Late Lutawan Sharma R/o Village- Bengali Pakari Daroga Hata, P.S.- Siwan Mufassil, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. A.Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 12.12.2014 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. It is alleged that the informant's son was taken by co-accused Abhay Sharma to play. Subsequently, he went traceless on 17.09.2012 and on 20.09.2012 the dead body of the minor son of the informant was recovered. It is submitted by the learned counsel for the petitioner that the petitioner was not named in the First Information Report. The name of the petitioner sprang up in the subsequent statement of the informant. It is further submitted that subsequent statement of the informant was recorded after three months of the occurrence and except
Patna High Court Cr.Misc. No.5374 of 2015 (2) dt.10-02-2015 suspicion there is nothing against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Co-accused Kishore Sharma has been granted bail vide Cr. Misc. No. 12523 of 2014. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil (Mahadeva) P.S. Case No. 337 of 2012.
(Dinesh Kumar Singh, J) P.K./- U T