Gopal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59836 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- PURAINI District- Madhepura ====================================================== GOPAL SHARMA Son of Late Ramotar Sharma Resident of Village- Aurai Purvi, P.S.- Puraini, District- Madhepura.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Puraini P.S. Case No. 23 of 2020 registered under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 06.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case and the informant alleges that while he was on duty, he came to know that a dead body of a girl is lying in water and accordingly reached the place of occurrence and came to know that the dead body is of Asha of Madhepura who was a characterless lady and her parents killed her and threw her body.

The learned counsel for the petitioner submits that the father and the mother of the deceased are named in the F.I.R.

Patna High Court CR. MISC. No.59836 of 2021(3) dt.09-05-2022 2/2 The petitioner is not named in the F.I.R. and he is stepbrother of the deceased.

Learned counsel for the petitioner submits that police after investigation submitted charge-sheet under Section 306 of the I.P.C., as such no offence under Section 302 of I.P.C. is made out for the purpose of bail for the present. It is further submitted that the entire investigation is around suspicion as there is no eye witness.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.02.2021, is a person with clean antecedent, chargesheet has been submitted in the case, is not named in the F.I.R. and there is no eye witness to the occurrence, let 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 learned court below where the case is pending/successor court in connection with Puraini P.S. Case No. 23 of 2020.

(Satyavrat Verma, J) ved/- U T