Dharmraj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53175 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -MAIRWA District- SIWAN ==================================================
1. Dharmraj Sharma, Son of Late Balchand Sharma, Resident of Village- Tifle, Police Station Mairwa, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Smt.Veena Rani Pd.(App) ================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 24-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 10.08.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Petitioner is named in the First Information Report but informant has expressed his suspicion against the petitioner and other FIR named accused on the ground that two days prior to the alleged occurrence, quarrel had taken place between the deceased and FIR named accused including petitioner and at that time petitioner and other FIR named accused had given threatening of dire consequences to the deceased. Learned counsel for the petitioner submits that in
Patna High Court Cr.Misc. No.53175 of 2015 (2) dt.24-11-2015 P2/2 course of investigation not a single prosecution witness claimed to have seen the actual killing of the deceased nor I.O. could succeed to collect any circumstantial evidence to show the involvement of petitioner in the alleged crime except the allegation of giving threatening.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 18/2015.
(Hemant Kumar Srivastava, J) Saif/- U T