Sadanand Sharma And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.17784 of 2015 (2) dt.09-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17784 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Sadanand Sharma, Son of Raghuni Sharma
2. Sudhir Kumar, Son of Uttam Rishideo
3. Sanjay Sharma, Son of Paro Sharma
4. Brajesh Kumar, Son of Rajo Yadav All resident of village - Hanuman Nagar, P.S.- (Bharrahi) Madhepura, District- Madhepura.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 09-06-2015 The petitioners apprehend their arrest in relation to Madhepura (Bharrali) P.S. Case No. 73/2015 registered under Sections 323, 341, 504, 506, 34 of the Indian Penal Code and 3(1)(x) of the SC/ST Act. Learned counsel for the petitioners seeks leave to withdraw this application only with regard to petitioner no. 1 namely Sadanand Sharma who has since been arrested. Leave is granted.
Accordingly, this application stands dismissed as withdrawn only with regard to petitioner no. 1.
So far as remaining petitioners are concerned, learned Sessions Judge has only rejected the
Patna High Court Cr.Misc. No.17784 of 2015 (2) dt.09-06-2015 case on the ground that there is an allegation with regard to offences allegedly committed under Section 3 of the ST/ST (Prevention of Atrocities) Act, without taking into note that the occurrence, as per First Information Report itself, has taken place on 31.01.2015 and the First Information Report was lodged after four days. There is no explanation for the delay. This clearly shows that all these are cooked up story.
Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the petitioners no. 2, 3 and 4, namely, Sudhir Kumar, Sanjay Sharma and Brajesh Kumar be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Bharrali) P.S. Case No. 73/2015, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T