Ritesh Sharma @ Munna Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.622 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- BELHAR District- Banka ======================================================
1. Ritesh Sharma @ Munna Sharma Son of Nihar Sharma
2. Aman Sharma aged about 20 years, Male Son of Nihar Sharma Both Resident of Village- VishwakarmaTola Khesar, P.S.- Belhar, District- Banka. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar For the Opposite Party/s :
Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Belhar (Kheshar) P. S. Case No. 220 of 2018 dated 07.08.2018 instituted for the offences under Sections 341, 342, 323, 447, 452, 307, 325, 354(B), 504 and 34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.
The petitioners are alleged to have assaulted Simple Kumari and Sujata Devi, both of whom have received simple injuries. It has further been submitted that from the narration of events in the F.I.R. it would appear that it is a
Patna High Court Cr.Misc. No.622 of 2019(2) dt.17-01-2019 2/3 case of dispute between two families.
Learned counsel for the petitioners has also drawn the attention of this Court to the fact that the brother of the petitioner was assaulted by the informant of this case and as a result of such assault, he received injuries. When the brother of the petitioners visited the police station along with his mother for registering a case, all the family members of the aforesaid brother of the petitioners have been made accused in this case. The brother of the informant, namely, Nikhil Sharma is still in custody.
The case lodged by Nikhil Sharma (brother of the petitioner) has been brought on record by way of AnnexureP/1. Considering the aforesaid facts as also taking into account the clean antecedents of the petitioners, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court Cr.Misc. No.622 of 2019(2) dt.17-01-2019 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka in connection with Belhar (Kheshar) P. S. Case No. 220 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U