Sunil Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6285 of 2017 Arising Out of PS.Case No. -285 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Sunil Sharma, son of Dayanand Sharma @ Dayanand Sutihar.

2. Kaili Devi @ Kailu Devi, wife of Dayanand Sharma @ Dayanand Sutihar Both resident of Kajha, P.S. & District-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.

The petitioners apprehend their arrest in Supaul P.S. Case No.285 of 2016 registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioner no.1 is Dewar and the petitioner no.2 is motherin-law of the deceased and no specific overt act has been alleged against them and there is general and omnibus allegation that after administering poison they have killed the deceased. Heard learned APP also.

Having heard both sides. In view of the fact that there is general and omnibus allegation against the petitioner no.1 who is Dewar of the deceased and not directly related to the affairs

Patna High Court Cr.Misc. No.6285 of 2017 (2) dt.20-02-2017 of the husband of deceased, as such, let petitioner no.1, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released 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 learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.

285 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to further condition that he shall cooperate in the investigation of the case and make himself available as and when required by the police and on the event of failure on his part to appear before the court below on two consecutives dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. So far the petitioner no.2, who is mother-in-law of the deceased, is concerned, she is directed to surrender before the court below within a period of four weeks from today and make prayer for regular bail, which shall be considered on its own merit without being prejudiced by the present order.