Amit @ Nanhak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32233 of 2015 Arising Out of PS.Case No. -46 Year- 2014 Thana -SC/ST District- JEHANABAD ======================================================

1. Amit @ Nanhak Sharma S/o Late Ravindra Sharma Resident of Village Katrasin, P.S. Makhdumpur, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 341,323,504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the petitioner abused the grand son of the informant by taking caste name and also assaulted him by fist and slap. When the informant reached to the place of occurrence the accused persons also abused her by calling caste name.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.32233 of 2015 (2) dt.10-08-2015 2/2 that the accusation levelled against the petitioner is general and omnibus. The occurrence took place on 08.09.2014 and the FIR was lodged on 11.09.2014 and there is no injury caused. A statement to that effect has been made in Para 8 of the petition which reads as follows:- "8. That there is allegation that on account of assault the Nati of the informant suffered injury which appeared to her fracture injury in Panjra of her nati but this allegation stands falsities from the fact that though the F.I.R was lodged after 3 days of the occurrence but there was no injury report to substantiate the allegation of such assault."

Considering the aforementioned facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad SC/ST P.S. Case No. 46 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Dinesh Kumar Singh, J) Prakash/- U T