Harendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60780 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- MASHRAK District- Saran ====================================================== Harendra Sharma, Son of Late Kapildeo Sharma, Resident of VillageMasrak, P.S.- Masrak, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Masrak P.S. Case No. 76 of 2018 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Informant is the brother of deceased who in his fardbeyan has stated that on 24.03.2018 at 7.00 AM he got information that his sister namely Ilaychi Devi is being assaulted by her husband and family members. On such information he reached there and saw that there was a crowd and his niece was crying outside the house. When he entered into the house of his sister, he found his sister lying dead on the ground. He suspects that petitioner and other co-accused have

Patna High Court Cr.Misc. No.60780 of 2018(2) dt.11-10-2018 2/2 committed this offence.

It has been submitted on behalf of the petitioner that petitioner is the husband of deceased. It has been further submitted that marriage of petitioner was solemnized 22 years before and she was leading a happy conjugal life. It has been further submitted that wife of petitioner was mentally sick and at the time of death petitioner was not present. Post mortem report has not supported the occurrence and deceased was ill and she slipped from the stair and received injuries. Petitioner has no criminal antecedent and he is in custody since 01.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Saran at Chapra, in connection with Masrak P.S. Case No. 76 of 2018. (S. Kumar, J) veena/- U T