Patna High CourtCR. MISC./29342/2014bail granted

Jai Prakash Sharma And ORS v. The State Of Bihar

2015-01-19Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.29342 of 2014 (4) dt.19-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29342 of 2014 Arising Out of PS.Case No. -372 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Jai Prakash Sharma S/o Shambhu Sharma

2. Shambhu Sharma S/o Late Lali Sharma

3. Shakuntala Devi W/o Shambhu Sharma All are Resident of Village Chainpur, P.S. Chainpur, District Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Since this application for pre-arrest bail on behalf of petitioner nos. 2 and 3 have already been dismissed as withdrawn vide order dated 15.12.2014, this petition remains with regard to petitioner no. 1 only.

Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner No. 1 apprehends his arrest in connection with Complaint Case No. 372 of 2013 in which cognizance has been taken for the offences punishable under Sections 498A, 304B, 120B/34 o the Indian Penal Code. Earlier Complaint Case No. 976 of 2012 was

Patna High Court Cr.Misc. No.29342 of 2014 (4) dt.19-01-2015 filed which was sent to concerned Police Station under Section 156(3) Cr.P.C. and accordingly, Chainpur P.S. Case No. 174 of 2012 was registered and the Police after investigation submitted final form on 30.11.2012 and thereafter, on the basis of protest complaint petition cognizance has been taken. It is submitted that in the case diary several witnesses have stated that the deceased died due to accidental fire. In the facts and circumstances stated above and considering the fact that the Police submitted final form after investigation, the petitioner no. 1 named above, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaimur (Bhabua) in connection with Complaint Case No. 372 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.