Harilal Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24803 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Harilal Sharma Son of late Barislal Sharma

2. Saryug Sharma Son of late Barislal Sharma

3. Chhedi Lal Sharma Son of late Rambhaju Sharma

4. Rubi Devi Wife of Jai Prakash Sharma

5. Pariya Devi Wife of Harilal Sharma All Residents of Village- Baghwa,P.S. - Srinagar, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Petitioner No.1 Harilal Sharma has already been arrested. Hence, his prayer for anticipatory bail is dismissed as infructuous.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/379/307/504/34 of the Indian Penal Code. Petitioner Saryug Sharma is alleged to have caused injury at the head by iron rod.

Considering the fact that petitioner Saryug Sharma has knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for

Patna High Court Cr.Misc. No.24803 of 2017 (2) dt.06-07-2017 2/2 anticipatory bail is refused.

For land dispute other petitioners allegedly caused assault, theft and attempt to outrage the modesty. There is case and counter case.

Considering the general and omnibus allegation, let the petitioners, namely, Chhedi Lal Sharma, Rubi Devi and Pariya Devi, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura/Successor Court in connection with Shrinagar Police Station Case No.6 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T