Chunchun Sharma @ Chunchun Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.50423 of 2015 (2) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50423 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Chunchun Sharma @ Chunchun Singh Son of- Late Jagarnath Sharma, resident of village- Nandpur, P.S.- Surajgarh, District- Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-12-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 302, 323, 380 and other allied sections of the Penal Code. It is alleged that the sister of informant Anjani Devi married eight years ago with Bhola Sharma who was separate from his brother Chunchun Sharma. It is alleged that in the night of 5.8.2014, when the informant was sleeping in the house of his sister Anjani Devi, accused Chunchun Sharma, his wife Babita Devi and 4-5 accused persons, entered the house and pointed pistol at him and tied his legs and hands. Thereafter, the accused persons entered the room of his sister and strangulated her to death.

The petitioner submits that the allegations are general in nature and there is no eye witness to the alleged murder of Anjani

Patna High Court Cr.Misc. No.50423 of 2015 (2) dt.22-12-2015 Devi. He submits that the petitioner has been implicated on account of family dispute. He further submits that wife of the petitioner has already been enlarged on anticipatory bail vide order dated 2.7.2015 passed in Cr.Misc. No.13581 of 2015. Learned State counsel opposes the prayer for bail and submits that all the accused persons including the petitioner entered the house of the deceased and it is the petitioner who strangulated the deceased to death along with others. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. If the petitioner surrenders and pray for regular bail, the same would be disposed of preferably on the same day taking into consideration the submissions noted above or any other submission that the petitioner may propose to do.

(Samarendra Pratap Singh, J) KHAN/- U