Manoj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55883 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Manoj Sharma, S/o Late Jagdish Sharma, Resident of Village- Baghara, P.S.- Alamnagar (Ratwara O.P.), District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ashalam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 73/2017 dated 03.04.2017 instituted for the offence under Section 302/34 of the Indian Penal Code. The mother of the informant was found dead in a maize field. The informant has suspected the hands of the petitioner because the deceased was transacting with the petitioner with respect to money. On the day of the occurrence, the deceased is said to have gone outside her home for realization of money, which he had given to others.
Learned counsel for the petitioner has submitted that except for a vague suspicion of the informant that the deceased has been killed at the hands of the petitioner, there is no other material
Patna High Court Cr.Misc. No.55883 of 2017 (3) dt.09-01-2018 2/2 against him to justify his incarceration in custody. The statements made by the witnesses in paras 7, 8, 30, 31 and 32 of the case diary, though, supports the prosecution version and the suspicion on the petitioner, but none of the witnesses, whose statements have been recorded in the aforesaid paragraphs of the case diary, have claimed to have seen the occurrence.
The petitioner is in custody since 26.07.2017. For the aforestated facts, the petitioner above named is directed to be released on bail on his furnishing 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, Uda Kishunganj, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 73/2017. (Ashutosh Kumar, J.) Rakhi U T