Mithilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35257 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- TELHARA District- Nalanda ====================================================== 1.

Mithilesh Sharma Son Of Late Chandrika Singh Resident Of Village - Radhil, P.S. - Telhara, District - Nalanda (BIHAR) 2.

Tutu Kumar @ Vishnu Kumar, resident of village Radil, P.s.- Telhara, District- Nalanda, Bihar.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Tejendra Sinha For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the sister of the informant was missing from sasural and later her dead body was found in maize field in decayed condition.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.35257 of 2020(2) dt.19-03-2021 2/2 allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 happens to be brother-in-law of the deceased while petitioner no. 2 happens to be son of petitioner no. 1. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Hilsa, Nalanda in connection with Telhara P.S. Case No. 77/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T