Mala Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79251 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

Mala Sharma, aged about 20 years, Gender-Female, Wife of Sudhir Sharma, Resident of Village- Balsama, Police Station- Azam Nagar, District- Katihar. 2.

Sudhir Sharma, aged about 59 years, Gender-Male, Son of Late Guru Charan Sharma, Resident of Village- Balsama, Police Station- Azam Nagar, District- Katihar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ajay Kumar, Advocate.

For the Opposite Party :

Mrs. Usha Kumar -1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Sections 306/34 of the I.P.C.

The prosecution case, in short, is that the petitioner no. 1 is the step mother and petitioner no. 2 is the father of the informant. They used to torture the mother of the informant. The informant went to Delhi for his livelihood and his sister and

Patna High Court CR. MISC. No.79251 of 2019(4) dt.27-05-2020 2/3 wife were living with his mother at home. On 21.07.2019 at about 10.00-11.00 A.M. his mother committed suicide. Hence, the F.I.R.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.07.2019 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioner no. 2 is the husband of the deceased and petitioner no. 1 is the second wife of petitioner no. 2. The informant is not an eye witness to the alleged occurrence. Due to property dispute, the son of the deceased has instituted the present case.

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

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, are directed to be released on bail on their personal bond to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Azam Nagar P.S. Case No. 185 of 2019.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.79251 of 2019(4) dt.27-05-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T