Om Prakash Sharma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49615 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Om Prakash Sharma Son of late Surya Lohar @Surya Prasad

2. Rishi Dev Sharma@Rikhi Dev Sharma@Rishidav Sharma Son of late Dharm Sharma

3. Deepak Sharma son of late Ramashish Sharma

4. Sharmila devi@Sharmila kumari Daughter of Om Prakash Sharma All R/o Village- Badhada, Ps-n Siwan (Muffasil )Dist Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Devanti Kumari D/o Ganesh Ram All R/o Village- Badhada, Ps-n Siwan (Muffasil )Dist Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 406, 420, 467, 468, 323, 354 of the Indian Penal Code and Section 3(1)(iii)(x) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case is that on the land of the informant the accused persons collected construction material which was protested by the informant and her mother when informant was assaulted and abused by calling caste name. It is also alleged that petitioner Nos. 2 and 3 pushed down sister of the informant when petitioner No. 2 tore her clothes. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.49615 of 2015 (2) dt.05-11-2015 2/2 petitioners that for the occurrence of 18.03.2015 the First Information Report was registered on 04.05.2015. The land in question was registered in the name of ancestor of the petitioners' side and petitioners' side were on litigating terms with the informant from before.

Considering the nature of accusation in the background of dispute with regard to the land and the delayed lodging of the F.I.R, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan in connection with Siwan Nagar(Mahila) P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T