Binay Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29526 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================

1. Binay Sharma, son of late Randhir Singh

2. Tuntun Sharma, son of late Krit Sharma Both resident of VillageRauniya, P.S.- Khizersarai, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under sections 323, 307, 498A of the Indian Penal Code and 27 of the Arms Act.

Prosecution case is that when the informant went to his sister's house to know the well being of her sister as he had received information regarding making of assault by the petitioner to her sisters last night then no sooner he reached there the petitioners started to abuse him and assault with lathi, danda, fist and slaps and in course thereof he also opened fire at him causing injury on the back side of the body but any how he managed to escape therefrom.

Patna High Court Cr.Misc. No.29526 of 2015 (2) dt.28-07-2015 2/2 On behalf of the petitioners it is submitted that petitioners have got no criminal antecedent. The main allegation is against Jitendra Sharma the husband of the victim. So far as the petitioners are concerned, there is no specific overt act against the petitioners. Petitioners are cousin brother and nephew of the husband of the victim.

On behalf of the State it is submitted that petitioners are named in the first information report. Considering the aforesaid facts, the above named petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction Judicial Magistrate, Ist Class, Gaya in Khizersarai P.S. Case No. 109 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Sudhir Singh, J) M.Rahman/- U T