Birju Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35883 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -JALE District- DARBHANGA ======================================================
1. Birju Sharma S/o Gulchan Sharma R/o Village - Massa Toley Dhankaul, P.S. - Jaley District - Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,379,354,448,504 and 506/34 of the Indian Penal Code. The prosecution case is that the petitioner and his brother entered into the house of the informant and started molesting the informant, torn her blouse. On alarm being raised, the sister in law and mother in law of the informant came to rescue then co accused Arjun Sharma pointed pistol and threatened of dire consequences. It is further alleged that this petitioner snatched Mangalsutra of the informant.
It is submitted by the learned counsel for the petitioner that the accusation has been levelled in the background of land
Patna High Court Cr.Misc. No.35883 of 2016 (2) dt.06-09-2016 2/2 dispute as the uncle of the petitioner died issueless and his wife executed will in favour of the husband of the informant whereas uncle of the petitioner gave land to this petitioner. There is no injury report on record and at earlier point of time the father in law of the informant lodged Jalley P.S. Case No. 40 of 2016 against the petitioner.
Considering the omnibus and general nature of accusation levelled in the background of land dispute, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Jale P.S. Case No.67 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T