Jitendra Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.45793 of 2015 (4) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45793 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Jitendra Sharma, son of late Manori Sharma, resident of Village- Rauniya, P.S.- Khizersarai, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmi Kant Sharma For the Opposite Party : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Khizersarai P.S. Case No. 109 of 2015 for the offences instituted under Sections 323, 307 and 498A of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case when the informant went to his sister's house to know the well being of her sister as he had received information regarding making of assault by the petitioner to her sister last night then no sooner he reached than the petitioner started to abuse him and assault with lathi, danda, fists and slaps and in course thereof the petitioner also opened fire at his causing injury on the back side of the body but he anyhow

Patna High Court Cr.Misc. No.45793 of 2015 (4) dt.19-02-2016 managed to escape therefrom with his sister and her son and daughter and getting first aid had instituted the case. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The case has been instituted by the brother of the wife of petitioner. She is residing with the petitioner. From perusal of the injury report in the case diary, it is evident that the nature of injury is simple upon the informant. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Khizersarai P.S. Case No. 109 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T