Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27894 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- BELAGANJ DistrictGaya ====================================================== 1.

RAJ KUMAR SHARMA, aged about 48 years, male, Son of Late Chaturi Singh Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. 2.

Satyendra Kumar Kaundil aged about 46 years, male, Son of Late Chaturi Singh Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. 3.

Vimal Singh @ Vimal Kumar @ Vimlesh Kumar @ vimal ku, male, aged about 24 years, Son of Raj Kumar Sharma Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya.

4.

Dhananjay Kumar @ Pappu Sharma, aged abut 28 years, Son of Late Srikant Sharma Resident of Village- Pranpur, P.S.- Belaganj, DistrictGaya. 5.

Abhishek Kumar, aged about 23 years, male, Son of Satyendra Kumar Kaundil Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. 6.

Vivek Kumar, aged about 21 years, male, Son of Satyendra Kuma Kaundil Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. 7.

Rina Devi @ Ruma Devi @Runa Devi Wife of Satyendra Kumar Kaundil Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. 8.

Krishna Mani Devi, aged about 43 years, female, Wife of Raj Kumar Sharma Resident of Village- Pranpur, P.S.- Belaganj, District- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Vinay Mistry, Advocate.

For the Opposite Party:

Mr. Shyam Bihari Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 325, 448, 354, 379, 504, 506 of the Indian Penal Code registered in

Patna High Court CR. MISC. No.27894 of 2019(2) dt.29-04-2019 2/3 connection with Belaganj P.S. Case No. 236 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of family dispute. All the parties are gotiya and as many as 17 persons have been made accused in the present F.I.R. owing to ongoing dispute relating to partition. The accusations under Sections 354 and 379 IPC are mere embellishment. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Belaganj P.S. Case No. 236 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.27894 of 2019(2) dt.29-04-2019 3/3 (iv) That the petitioner nos. 1 to 6 shall remain physically present in Court on each and every date and petitioner nos. 7 to 8 shall be well represented during trial except as when directed by the learned Court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T