Shyam Kishore @ Shyam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45110 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -SC/ST District- JEHANABAD ====================================================== Shyam Kishore @ Shyam Sharma, son of Late Ram Bhawan Sharma, resident of Village- Bhadsara, P.S.- Kako, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-10-2015 The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 509, 506/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.

The prosecution case is that the petitioner took loan of rupees thirty thousand from the informant for performing the marriage of his daughter but the petitioner returned only five thousand rupees and on 18.04.2015 at 10.00 A.M. the petitioner called the informant near Hanuman Temple and then he assaulted the informant.

It is submitted by learned counsel for the petitioner that the petitioner is a Home Guard Jawan and posted in the office of Chief Secretary, Govt. of Bihar, Patna. Moreover, on the alleged date of occurrence he was present in the office of the Chief Secretary. There is no

Patna High Court Cr.Misc. No.45110 of 2015 (2) dt.15-10-2015 2/2 proof with regard to the money borrowed by the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds 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. 17 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T