Satish Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48612 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Satish Sharma,

2. Sanjay Sharma,

3. Kishun Sharma, All Sons of Narayan Sharma,

4. Rinki Devi, Wife of Sanjay Sharma,

5. Rubi Devi, Wife of Satish Sharma, All resident of VillageKurai, P.S. Chainpur, District- Kaimur Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Adv For the Opposite Party/s :

Mr. Sri Atul Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302,201/34 of the Indian Penal Code. The daughter of the informant, who was widow, having two children, was a tenant in the house of the petitioners and was a teacher in the private school. On the alleged date of occurrence, the informant was telephonically informed that her daughter is seriously ill and has been taken to hospital. Thereafter, again phone came that she is already dead. There is no evidence as to who had phoned to the

Patna High Court Cr.Misc. No.48612 of 2018(3) dt.27-11-2018 2/2 informant nor there is any direct evidence that the petitioners were seen alongwith the victim at any point of time.

Considering the fact that there is very weak circumstantial evidence against the petitioners for the purpose of consideration of this prayer for anticipatory bail, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Chainpur P.S.Case No. 85 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T