Suryamani Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38973 of 2017 Arising Out of PS.Case No. -336 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================
1. Suryamani Devi, W/o Sureeman Sharma,
2. Sureman Sharma, S/o Late Rajendra Singh,
3. Anish Kumar,
4. Manish Kumar, Both Sons of Sureman Sharma, All R/o Mohalla- M.I.G. B-13 Sector-3, Flat No.25, P.S.- Agamkuan, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Agamkuan P.S. Case No. 336 of 2016, registered under Sections 341, 325, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that, on 30.08.2016, at about 9.30 A.M., the informant was coming with his cow from cattle shed then in the way, Manish Kumar started to abuse him. On raising alarm, Sureman Sharma, father of Manish Kumar, came with iron rod and caused injury at his head whereas Suryamani
Devi, wife of Sureman Sharma also caused injury at his shoulder through danda. In the meantime, Anish Kumar came with brick and caused injury at his chest. At that time, they snatched gold chain from his neck. When Chotu Kumar, brother of the informant, rushed to save him there then Sureman Sharma took cash of Rs.2000/- from his pocket. Learned counsel for the petitioners submits that, in fact, due to some dispute occurrence took place, in which, petitioner's side also sustained injury, regarding which, Agamkuan P.S. Case No. 308 of 2016 is also instituted on 30.08.2016 on the basis of written report of Suryamani Devi (petitioner no.1).
Learned A.P.P. for the State submits that it is alleged in the F.I.R. that while the informant was rushed to N.M.C.H., but the injury report is not detailed in the case diary, which is up to paragraph 45.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.,
Patna City, in connection with Agamkuan P.S. Case No. 336 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T