Sunil Sharma @ Sunil Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49337 of 2016 Arising Out of PS.Case No. -158 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sunil Sharma @ Sunil Kumar Sharma, S/o Santosh Sharma, Resident of Village- Khadda, Churiharawa Tolla, P.S.- Nautan, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard the parties.
This application has been filed in connection with Nautan P.S.Case No.158 of 2016 for the offence under Sections 304B, 201 and 120B of the Indian Penal Code.
It is submitted that though the petitioner is husband of the deceased and there is allegation of demand of 'Golden Chain', however, the actual fact is that she was taken to MJK Hospital, Bettiah for treatment, vide medical prescription as Annexure-2 of the petition, however, during the course of treatment, she died. It is further submitted that the informant has filed a compromise petition before the court below, stating that he does not want to pursue the case.
Patna High Court Cr.Misc. No.49337 of 2016 (5) dt.17-03-2017 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of Annexure-2 of the petition and the fact that the petitioner is in custody for about two months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Nautan P.S.Case No.158 of 2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U