Sunil Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72015 of 2024 Arising Out of PS. Case No.-764 Year-2023 Thana- JAMUI District- Jamui ====================================================== Sunil Sharma Son of Late Anandi Mistri @ Anand Sharma Resident of Village - Masaudhi, P.S. - Jamui, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
:
Mr. Mayank Raj, Adv.
For the Opposite Party/s :
Ms. Indu Kumari Srivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Senior Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Jamui P.S. Case No. 764 of 2023, lodged on 28.12.2023, under Sections 302 and 120B of the I.P.C.
3. As per the prosecution, the FIR has been lodged against two named accused persons including the present petitioner and other unknown accused persons against whom there is allegation that the informant's son attended the birthday party of the petitioner's daughter but did not return home. The informant did not inquire about his son because he believed that next day he would come but in the early morning at about 4 AM a call came by the petitioner's daughter informing him that his son was brutally assaulted by the petitioner, his wife and other five unknown persons. Thereafter, another call came informing that his son had died. The informant has further disclosed that
Patna High Court CR. MISC. No.72015 of 2024(2) dt.03-10-2024 2/2 he immediately reached at the house of the petitioner but they did not open the door.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned Senior Counsel submits that the antecedent of the petitioner is clean and he is in custody since 08.01.2024. Learned Senior Counsel further submits that the other coaccused i.e., petitioner's wife has also moved before this Hon'ble Court and in that case, case diary has been called for.
5. Learned Counsel for the State opposes the prayer for bail and submits that it is a case lodged under Sections 302 and 120B of the Indian Penal Code. Counsel submits that in the rejection order it has specifically come that dead body of the informant's son has been recovered from the petitioner's house.
6. In this view of the matter, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J.) Aman Kumar/- U T