Rajesh Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6049 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================
1. Rajesh Sharma, Son of Wameshar Sharma, Resident of Village- Dehuni, P.S.- Ghosi, District- Jehanabad.
2. Rintu Sharma, Son of Late Gopal Sharma, Resident of Village- Dehuni, P.S.- Ghosi, District- Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sharma Mr. Dinu Kumar, Advocate.
Ms. Ritika Rani, Advocate.
Ms. Kumari Neha, Advocate.
Mr. Vijay Kumar Vimal, Advocate.
For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ghosi P.S. Case No. 101 of 2017 instituted for the offence under Sections 341, 447, 323, 504, 506, 379, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
In the instant case the allegation against petitioner No. 1 is of assaulting husband of the informant with Garansa on his thigh and allegation against petitioner No. 2 is of assaulting daughter of the informant.
Learned counsel for the petitioner has submitted that there is no injury report of the daughter of the informant. It has
Patna High Court Cr.Misc. No.6049 of 2018 (3) dt.03-04-2018 2/3 further been submitted that earlier to the instant case petitioner No. 1 has filed Ghosi P.S. Case No. 100 of 2017 against husband of the informant and other accused persons in which petitioner No. 1 has sustained grievous injury. The injury report of petitioner No. 1 has been enclosed as Annexure-3.
The injury found on the person of the informant is simple in nature which has been enclosed as Annexure-4 series along with the injury report of other injured of this case. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ghosi P.S. Case No. 101 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason
Patna High Court Cr.Misc. No.6049 of 2018 (3) dt.03-04-2018 3/3 will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T