Om Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22344 of 2020 Arising Out of P.S. Case No.-331 Year-2019 Thana-DIGHWARA District-Saran at Chapra ==========================================================================

1. Om Prakash Sharma, Son of Late Dwarika Sharma

2. Amrit Babu Sharma

3. Rohit Kumar, Sl Nos. 2 and 3 son of Om Prakash Sharma, All residents of Village - Hemantpur, P.S. - Dighwara, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandi, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-08-2020 Heard Mr. Mr. Shailendra Kumar Singh, learned Advocate for the petitioners and Mr. Umeshanand Pandit, learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Dighwara P.S. Case No. 331 of 2019 dated 20.10.2019 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The petitioners no. 2 and 3 are sons of petitioner no. 1. Petitioner no. 1 is the maternal uncle of the informant. The allegation in the FIR is that the petitioner no. 1 had taken loan from the mother of the informant and when that was asked to be returned, an occurrence took

place in which the petitioner no. 1 and his two sons assaulted the informant and his family members.

It has been submitted on behalf of the petitioners that they stay in the same house as that of the informant and there is a dispute with respect to partition of the property. The injuries suffered by the socalled victims are stated to be simple in nature. Regard being had to the nature of accusation, the background facts and relationship between the parties, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of this order on their furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No. 331 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) krishna/- U T