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Patna High CourtCR. MISC./4879/2022bail granted

Dinesh Sharma v. The State Of Bihar

2022-08-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4879 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.

DINESH SHARMA S/o Late Sakal Thakur @ Late Sakaldeo Thakur Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali. 2.

Lal Babu Sharma S/o Dinesh Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

3.

Neeraj Sharma S/o Dinesh Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

4.

Chandani Devi W/o Neeraj Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

5.

Rinku Devi W/o Chandan Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

6.

Dharmendra Kumar @ Dharmendra Sharma S/o Mahesh Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali. 7.

Nirmala Devi W/o Dinesh Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

8.

Suraj Kumar S/o Late Vakil Sharma Resident of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bidupur P.S. Case no. 227 of 2021 instituted for the offence under Sections 341, 323, 325, 308, 379, 447, 504, 506,

Patna High Court CR. MISC. No.4879 of 2022(2) dt.02-08-2022 2/3 34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is no injury report, which falsify the prosecution case. They have got no criminal antecedent. Both parties are next door neighbour. After prevailing good sense, the matter has been compromised between the parties, compromise petition is annexed as Annexure-2 to this petition.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bidupur P.S. Case no. 227 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.4879 of 2022(2) dt.02-08-2022 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U