Bishun Sharma @ Bishundeo Sharma @ Vishnu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59883 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Bishun Sharma @ Bishundeo Sharma @ Vishnu Sharma Son of Late Shivnand Sharma @ Shivan Sharma Resident of Village- Sohta, Ward No.1, Police Station- chhatapur, District- Supaul 2.

Malti Devi @ Malati Devi W/o Bishun Sharma @ Bishundeo Sharma @ Vishnu Sharma Resident of Village- sohta, Ward No.1, Police Stationchhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 364, 302, 120(B) of the Indian Penal Code. Prosecution case, in short, is that the son of the informant was married with the daughter of petitioners and he was residing in his Sasural. The daughter of petitioners has relationship with one Chandradeep Sharma but later on she developed love affair with son of informant and as such the marriage was solemnized, but she continued her relationship with Chandradeep Sharma. It further appears that later on decomposed dead body was found and the sample of nail, hair

Patna High Court CR. MISC. No.59883 of 2019(2) dt.25-09-2019 2/2 and bones were preserved for D.N.A. test.

It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 21.06.2019 and petitioner No.2 is in custody since 18.06.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. There is no eye witness to the alleged occurrence. Except for suspicion, there is no substantive evidence to suggest the implication of the petitioners in this case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIth, Supaul in connection with Chattapur P.S. case No.288 of 2018.

Narendra/- (Sudhir Singh, J) U T