← Library
Patna High CourtCR. MISC./27322/2019bail granted

Mahendra Sharma v. The State Of Bihar

2019-04-26Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27322 of 2019 Arising Out of PS. Case No.-556 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Mahendra Sharma Son of Chano Sharma Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

2.

Shanker Sharma Son of Dhanik Lal Sharma Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

3.

Manoj Sharma son of Shanker Sharma, Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

4.

Hira Lal Sharma son of Shanker Sharma, Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

5.

Ranjeet Sharma Son of Ram Balak Sharma, Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

6.

Manish Sharma son of Nandu Sharma, Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai.

7.

Suman Sharma @ Shyam Sharma Son of Nandu Sharma, Resident of Village- Milki Suja, P.S.- Mufassil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard both sides.

The petitioners apprehend their arrest in Muffasil P.S. Case No.556 of 2018 registered under Section 307 and other sections of the Indian Penal Code.

The informant made allegation that while she was sitting with Dharmbir, the petitioners having armed with different weapons came and began to abuse and assault

Patna High Court CR. MISC. No.27322 of 2019(2) dt.26-04-2019 2/3 Dharmbir. When the informant protested, the petitioners started assaulting her with iron rod and stick causing fracture injury on her hand and leg.

Learned counsel for the petitioners submits that the occurrence took place on 16.09.2018 but the informant gave fardbeyan on 19.09.2018 on the basis of which the present F.I.R. was lodged on 23.09.2018. For the occurrence took place on 16.09.2018, Shankar Sharma lodged the case against Dharmbir and others on 16.09.2018 itself which was registered as Muffasil P.S. Case No.534 of 2018. There is no injury report on the record. It is submitted that the case diary was called for but the learned Sessions Judge did not refer the fact about the injury, if any sustained by the informant.

Having considered the fact that the occurrence took place on 16.09.2018 but the informant gave her fardbeyan on 19.09.2018 although a counter version is alleged to have taken place on the same day and Shankar Shamra lodged a criminal case being Muffasil P.S. Case No.534 of 2018 against Dharmbir and others, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on

Patna High Court CR. MISC. No.27322 of 2019(2) dt.26-04-2019 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Muffasil P.S. Case No.556 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T