Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22911 of 2018 Arising Out of PS. Case No.-22 Year-2013 Thana- PALANWA District- East Champaran ====================================================== Sunil Sharma, Son of Late Bhagwat Thakur, Resident of Village- Belwa, Police Station- Palanwa, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 304(B), 201, 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 taking into account that he was the husband of the deceased. This is second attempt for grant of bail on behalf of the petitioner.

A report was called for from the Court below. It has been reported that the charge has been framed and some of the witnesses in the present case are the resident of Nepal. On behalf of the petitioner, it is submitted that he is in custody since 28.09.2013. There is no chance of trial being

Patna High Court Cr.Misc. No.22911 of 2018(3) dt.10-05-2018 2/2 concluded in near future. The petitioner has remained in custody for about four and a half years. The petitioner has got no criminal antecedent. There is no allegation of tampering against the petitioner. The petitioner has been made accused due to mistake of fact. The allegations made in the F.I.R. is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased.

Considering the period of custody and as there is no chance of the trial being concluded in near future, it is directed that the petitioner, above named, 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 12th Additional Sessions Judge, East Champaran at Motihari in connection with Sessions Trial No. 715 of 2013 (arising out of Palanwa (Bhelahi O.P.) P.S. Case No. 22 of 2013. (Sudhir Singh, J) Pankaj/- U T