Rakesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37192 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- TIKAPATTI DistrictPurnia ====================================================== 1.

RAKESH SHARMA, aged about 31 years, male, Son of Jaldhar Sharma Resident of Village - Chharrapatti Kauakol, Pratap Nagar, Nagrah Basa, P.S.- Tikapatti, Distt - Purnea.

2.

Ritu Devi, aged about 26 years, female, Wife of Rakesh Sharma Resident of Village - Chharrapatti Kauakol, Pratap Nagar, Nagrah Basa, P.S.- Tikapatti, Distt - Purnea.

3.

Ranjana Devi, aged about 21 years, female, Wife of Akshay Sharma Resident of Village - Chharrapatti Kauakol, Pratap Nagar, Nagrah Basa, P.S.- Tikapatti, Distt - Purnea.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Prasad, Advocate.

For the Opposite Party:

Mr. Uma Shyanker Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149 and 302 of the Indian Penal Code registered in connection with Tikappatti P.S. Case No. 98 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the specific accusation has been made against other co-accused namely Bidhundeo Sharma @ Bhishnudeo Sharma, Bhudeo Sharma and Jaldhar Sharma. Other co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 70857 of 2018 with whom the petitioner is similarly situated. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.37192 of 2019(2) dt.19-06-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea in connection with Tikapatti P.S. Case No. 98 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 2 and 3 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner no. 1 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.