Diwakar Sharma @ Godo Sharma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23355 of 2015 (4) dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23355 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Diwakar Sharma @ Godo Sharma

2. Lalu Sharma son of Late Mahindar Sharma Both resident of VillageCheraun, P.s Mufasssil, District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners are accused in connection with Mufassil (Munger) P.S. Case No. 33 of 2015 registered under Sections 452, 341, 323, 504, 307, 337 and 338/34 of the Indian Penal Code.

The accusation is that petitioners along with five others armed with lathi, iron rod come in the house of the informant. In the meantime, Deepak Sharma and petitioner no. 1 assaulted at the head of Munni Devi, wife of the informant through rod, Sunil Sharma assaulted at the head of Bijay Choudhary through the butt of the pistol and Sanjit Sharma

Patna High Court Cr.Misc. No.23355 of 2015 (4) dt.23-09-2015 assaulted the informant through the butt of the pistol causing injury. Petitioner no.2, Prakash Sharma and Brajesh Sharma also assaulted to Upendra Choudhary father and son of the informant through road.

Learned counsel for the petitioner submits that, in fact, occurrence took place due to construction of wall and both side sustained injury. Co-accused Deepak Kumar has lodged counter case bearing Mufassil (Munger) P.S. Case No. 34 of 2015 registered under Sections 341, 232 and 504/34 of the Indian Penal Code. It is further submitted that two lacerated wound found on the head of Munni Devi but the opinion is kept reserved, while swelling is found on the person of Upendra Choudhary on middle in and index finger.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Mufassil (Munger) P.S. Case No. 33 of 2015. (Rajendra Kumar Mishra, J) Bhardwaj/- U T