Shiv Narayan Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29665 of 2014 Arising Out of PS.Case No. -37 Year- 2013 Thana -TANDWA District- AURANGABAD ======================================================

1. Shiv Narayan Sharma Son of Sita Sharma

2. Navin Sharma Son of Shiv Narayan Sharma

3. Sunit Devi D/o Shivnarayan Sharma

4. Tetari Devi W/o Shiv Narayan Sharma All are Resident of Village - Pipardih, P.S. - Tandwa, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 37 of 2013 registered for the offences punishable under Sections 307, 323, 504/34 of the Indian Penal Code.

Allegedly, when the informant was covering his Angan with plastic, in the mean time, the petitioner no. 1 came there and objected, other accused persons also came and petitioner no. 2 was having Tangi in his hand and started abusing the informant and when the informant protested, then on the order

of petitioner no. 1, petitioner no. 2 assaulted the informant with fat as a result of which he fell down and thereafter, the wife of the informant came to save him, then she was also assaulted with tangi on her head causing injuries and blood started oozing. She became unconscious and when the mother of the informant arrived to save her, the petitioner nos. 3 and 4 assaulted her with fists, slaps and legs on her stomach and back and further snatched earrings.

Submission is that this is a family dispute. The petitioner no. 1 is the father of the informant whereas petitioner nos. 2 and 3 are step brother and sister and petitioner no. 4 is step mother. Due to some property dispute some scuffle had taken place and this case has been instituted only with a view to harass the petitioners.

Learned APP opposes the prayer for bail.

Considering the fact that it is a family dispute and petitioners are father, steps brother, sister and mother and as such, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Magistrate, Aurangabad in connection with Tandwa P.S. Case No. 37 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T