Dharmdev Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25440 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- GORIAKOTHI District- Siwan ====================================================== 1.
Dharmdev Sharma Son Of Munilal Sharma R/O Village- Sisaee Kali Tola, P.S.- Goreakothi, District- Siwan 2.
Ramesh Sharma @ Ramesh Kumar Sharma Son Of Dharmdeo Sharma R/O Village- Sisaee Kali Tola, P.S.- Goreakothi, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Bardhan Pandey For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 307, 448, 379, 504, 34 of the Indian Penal Code.
3. As per F.I.R., petitioner no. 1 is alleged to have assaulted Rajesh Sharma (informant's husband) by means of iron rod on his hand and petitioner no. 2 assaulted father-in-law of informant. The injury sustained by Rajesh Sharma, caused by petitioner no. 1, has been found to be grievous in nature, whereas petitioner no. 2 has caused simple injury to father-inlaw of informant. There is case and counter case.
4. Considering the fact that petitioner no. 1
Patna High Court CR. MISC. No.25440 of 2023(3) dt.28-07-2023 2/2 (Dharmdev Sharma) has caused grievous injury, his prayer for anticipatory bail is rejected.
5. However, considering the fact that the injury caused by petitioner no. 2 has been found to be simple in nature, in the event of arrest/surrender within a period of six weeks from today, let petitioner no. 2 namely Ramesh Sharma be enlarged on bail 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, Siwan / concerned court in connection with Goreakothi P.S. Case No. 158 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
6. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T