Bijendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40664 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================
1. Bijendra Sharma Son of Kapildeo Sharma, R/o Village- Hardiya, P.S.- Mehendia, District- Arwal (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Jha For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mehandia P.S. Case No.77 of 2016 registered under Sections 341, 323, 354, 504, 506, 379, 34 of I.P.C. and Section 27 of the Arms Act.
Accusation is that at 10.30 A.M. while the informant was at her door, the petitioner along with his wife and son, Pinki Devi and Tinku Kumar respectively, having danda, pistol and khanti in their hand came there and asked her to execute the sale deed regarding land in his favour. When the informant made protest, the petitioner put her down to the earth and fired on her
Patna High Court Cr.Misc. No.40664 of 2017 (3) dt.14-12-2017 2/2 but his pistol missed fire. Then the informant raised alarm upon which her family members came to rescue her and on seeing them the petitioner snatched her gold chain and all the accused persons fled away giving threat to kill her. Earlier hot talk were exchan ged between the parties.
Learned counsel for the petitioner submits that the petitioner is nephew of the husband of the informant and due to land dispute she has falsely implicated him in this case. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M.,Arwal, in connection with Mehandia P.S. Case No.77 of 2016 subject to the conditions laid down under Section 438(2) Cr.P.C.
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(Rajendra Kumar Mishra, J) AnilKrSinha/- U