Raj Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1331 of 2020 Arising Out of PS. Case No.-455 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
RAJ KUMAR SHARMA S/o Late Nand Kishore Sharma R/o villageAhiyapur, P.S.- Sheikhpura, District- Sheikhpura 2.
Suman Kumar S/o Raj Kumar Sharma R/o village- Ahiyapur, P.S.- Sheikhpura, District- Sheikhpura 3.
Saurav Kumar S/o Raj Kumar Sharma R/o village- Ahiyapur, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 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 APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 435, 447, 504 and 506/34 of the Indian Penal Code.
Allegedly, the accused persons burnt crackers which entered the house of the informant, as a result of which, the
Patna High Court CR. MISC. No.1331 of 2020(3) dt.18-06-2020 2/3 clothes and other articles were burnt. It is further alleged that on protest made by wife of the informant, accused/petitioner Suman Kumar started abusing and gave threatening to her. It is also alleged that while the informant along with other family members was sitting at the door, the accused/petitioners along with 8-10 unknown persons having armed with iron rod and lathi came there and started assaulting them, due to which, the informant and his family members sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Except the injury caused to one Narendra Kumar, most of the injuries are simple in nature.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of
Patna High Court CR. MISC. No.1331 of 2020(3) dt.18-06-2020 3/3 learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 455 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T