Luri Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6319 of 2018 Arising Out of PS.Case No. -243 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Luri Sharma, S/o Late Sitaram Sharma.

2. Dharmendra Sharma S/o Luri Sharma.

3. Sarvesh Sharma S/o Luri Sharma.

All R/o Village- Bhawanipur Basa, P.S.- Alamnagar (Ratwara O.P.), District- Madhepura. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. Mr. Alok Kumar Singh, Adv.

For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Alamnagar (Ratwara O.P.) P.S. Case No. 243 of 2017 registered under Section 302/34 of the Indian Penal Code.

As per the prosecution case, petitioners along with five other accused persons are said to have committed the murder of the son of the informant over illicit relation of his son with the wife of Luri Sharma (petitioner no.1), namely, Kalanand Devi. The informant had seen the aforesaid persons coming from the side of orchard in the night along with weapons. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case. The

Patna High Court Cr.Misc. No.6319 of 2018 (03) dt.20-02-2018 - 2 - allegations levelled against the petitioners are not specific rather general and omnibus in nature. They have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. There is no eye witness in the case. The doctor conducting the autopsy of the cadaver of the deceased has found only one injury on the person of the deceased. Hence, the assailant of the said injury is not ascertained. The petitioners have been languishing in custody since 23.10.2017. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No.243 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T