Amit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13141 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== 1.

AMIT SHARMA S/o Late Abhilakh Sharma R/o Village- Mohiuddinpur Garahi, P.S.- Jandaha, Distt- Vaishali.

2.

Raj @ Ravi Shankar Sharma @ Rabi Shankar Sharma @ Rajan Sharma S/o Rajballabh Sharma @ Rajbanshi Sharma R/o Village- Mohiuddinpur Garahi, P.S.- Jandaha, Distt- Vaishali.

3.

Sanni Kumar S/o Dharmendra Sharma R/o Village- Mohiuddinpur Garahi, P.S.- Jandaha, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 504, 506, 379, 354, 384, 307 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and the informant alleges that on the date of occurrence she along with her father were cutting fodders when the accused persons including the petitioners came and it is alleged that Rajan Sharma assaulted her father with an iron rod and Amit and Sunni pointed gun on

Patna High Court CR. MISC. No.13141 of 2023(2) dt.24-05-2023 2/3 her father and Subhash was flashing a knife, further Amit snatched her chain and Sunny snatched her mangalsutra. The learned counsel for the petitioner submits that petitioners have been falsely implicated in the present case it is next submitted on account of dispute related to fishing the present false case has been instituted it is also submitted that allegation of assault is only against Rajan and in order to give a serious colour to the case it is alleged that Amit and Sunny snatched her chain and mangalsutra, it is submitted that the allegation of snatching is ornamental.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jandaha P.S. Case No. 201 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.13141 of 2023(2) dt.24-05-2023 3/3 However, the learned trial court before accepting the bail bond of Rajan shall verify the injury report of the father of the informant and in the event, if it is found that the injured had suffered grievous injury then this order shall not be given effect to against Rajan Sharma.

(Satyavrat Verma, J) Adnan/- U T