Devan Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.861 of 2015 ======================================================

1. Devan Sharma Son of Uttim Sharma Resident of Village-Naya Nagar, P.S.-Uda Kishunganj, District-Madhepura.

2. Pawan Sharma Son of Uttim Sharma Resident of Village-Naya Nagar, P.S.-Uda Kishunganj, District-Madhepura.

3. Ganeshi Sharma Son of Late Mangan Sharma Resident of VillageTindhara, P.S.-Sonbarsa, District-Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 29-07-2015 This matter has been listed before this Court in view of the minutes of the Hon'ble the Chief Justice dated 08.05.2015 at Flag 'A'.

Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 18.08.2014, 12.09.2014 and 08.07.2014 in a case registered for the offences punishable under Sections 302 and 201/34 of the

Patna High Court Cr.Misc. No.861 of 2015 (05) dt.29-07-2015 2/3 Indian Penal Code.

The prosecution case is that the mother of the informant on 06.07.2014 at 6.00 P.M. left the house for collecting money from Fulo Sharma and Kulo Sharma but she did not return. Subsequently, the dead body of the mother of the informant was recovered. Subsequently the sister of the informant Fulo Devi and one Rekha Devi suggested that the victim was being dragged by the petitioners and Uttim Sharma.

It is submitted by learned counsel for the petitioners that the first information report has been lodged by the son of the victim, who has specifically stated that he enquired from his sister Fulo Devi and Amrita about the whereabout of the mother and both of them failed to give any reasonable explanation then the FIR was lodged. Hence, the subsequent statement of Folu Devi appears to be a subsequent development at the hands of the prosecution. It is further submitted that in the background of land dispute since the petitioners are agnates of the informant only on suspicion the accusation has been levelled.

Considering the fact that the FIR suggests only suspicion against the petitioners and subsequent statement of Fulo Devi and Rekha Devi appears to be subsequent development, let the above named petitioners, be released on bail on furnishing

Patna High Court Cr.Misc. No.861 of 2015 (05) dt.29-07-2015 3/3 bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Udakishunganj P.S. Case No. 71 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T