Manu Sharma @Jitendra Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15648 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
MANU SHARMA @JITENDRA KUMAR SHARMA SON OF SUKHI SHARMA RESIDENT OF VILLAGE- SHARMA TOLA, ARERAJ, P.S. GOVINDGANJ (ARERAJ O.P.), DISTRICT- EAST CHAMPARAN 2.
RANJAN SHARMA@RANJAN KUMAR@KINKIN SHARMA@KINKAN SHARMA SON OF SUKHI SHARMA RESIDENT OF VILLAGE- SHARMA TOLA, ARERAJ, P.S. GOVINDGANJ (ARERAJ O.P.), DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners, and learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 34 of the of the Indian Penal Code and Section 8 of POSCO Act.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 15.09.2021 at 8:30 AM, while she was working in her field when three accused, including the petitioners, came variously armed and abused her, it is next alleged that Sukhi
Patna High Court CR. MISC. No.15648 of 2022(2) dt.20-09-2022 2/3 Sharma scuffled with the informant and further pulled her sari and disrobed her and also assaulted her, further when daughter of the informant intervened she was also assaulted and Manu and Rajan Sharma tore her cloth and touched inappropriately and further assaulted Annu Kumari and also tore her cloth and thereafter it is alleged that the accused persons snatched golden chain.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that petitioners are agnates and the FIR does not disclose any motive for the occurrence, it is next submitted that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail, though there is an allegation of assault but the injury suffered by the injured is simple in nature and as far as allegations of disrobing and touching inappropriately is alleged the same is false and concocted as petitioners are related and on account of land dispute the occurrence had taken place and from the side of the petitioners also Govindganj (Areraj O.P.) P.S. Case No. 283 of 2021 is instituted and from the side of the petitioners also people suffered injury.
Learned A.P.P. for the State and the learned counsel
Patna High Court CR. MISC. No.15648 of 2022(2) dt.20-09-2022 3/3 for the informant oppose the prayer for anticipatory bail of the petitioners, but are not able to rebut the submission of the learned counsel for the petitioners that the injury suffered by the injured is simple in nature.
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 Govindganj (Areraj O.P.) P.S. Case No. 282 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T