Shankar Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23727 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -AURAI District- MUZAFFARPUR ======================================================
1. Shankar Sharma
2. Shambhu sharma Both are Sons of late Rajendra Sharma
3. Amar Sharma S/o Shankar Sharma
4. Shobha Devi W/o Shankar sharma All are resident of Village- Ram Khetari, PS Aurai District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323,354B and 504 of the Indian Penal Code and section 3(1)(x)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is that on 18.5.2015 at 8 A.M. the accused persons started sinking hand pump on the land of the informant. On protest being made the accused persons assaulted her by fists and slaps. The
Patna High Court Cr.Misc. No.23727 of 2016 (2) dt.26-05-2016 2/3 petitioner no. 1 Shankar Sharma caught the informant by her hair and pushed on the ground when other accused persons assaulted and abused by calling caste name. It is further alleged that the accused persons went to grab the informant's land.
It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. It is further submitted that for the occurrence of 18.5.2015 the complaint was filed on 4.7.2015 which came to be registered as police case on 22.12.2015. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the genesis of the occurrence and the nature of accusation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Aurai Town P.S. Case No. 190 of 2015 subject to the conditions as laid down
Patna High Court Cr.Misc. No.23727 of 2016 (2) dt.26-05-2016 3/3 under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T