Santosh Kumar Sharma @ Santosh Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.6063 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6063 of 2017 Arising Out of PS.Case No. -401 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Santosh Kumar Sharma @ Santosh Sharma, Son of Laxmi Narayan Sharma, Resident of Village-Gairki, Police Station-Jokihat, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate. For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Araria P.S. Case No. 401 of 2016, registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that Kanhaiya Kumar Yadav, son of the informant, moved from his house on receiving a call on his mobile saying to his mother that he is going to attend the function of marriage but he did not return. Thereafter, on search, a dead body was found near the Nawlakhiya Bridge situated at Om Nagar. The informant raised suspicion about having hand of Lalita Devi and her husband Parmanand Sharma in the murder of his son as his son used to visit the house of Lalita Devi.

Patna High Court Cr.Misc. No.6063 of 2017 (2) dt.07-03-2017 Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but in course of investigation in paragraph 68 of the case diary, it has come that on the date of occurrence this petitioner talked to Lalita Devi on mobile, except that there is nothing against the petitioner showing his involvement in the present case. Further submission is that petitioner is in custody since 19.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 401 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T