Mantu Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42065 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Mantu Sharma Son of Late Gajanand Sharma

2. Jagarnath Sharma Son of Jaideo Sharma

3. Dharmendra Sharma Son of Mantu Sharma

4. Jitendra Sharma Son of Mantu Sharma

5. Doma Sharma Son of Girish Sharma

6. Umesh Sharma Son of Late Kishan Sharma

7. Praful Sharma Son of Late Kishun Sharma

8. Mukul Sharma Son of Late Chulai Sharma All resident of Village - Sahjana, P.S. Azamnagar, District Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Ms. Smt. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2015 Heard both sides.

The petitioners apprehend their arrest in Azamnagar P.S. Case No. 115/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named 10 persons including above named petitioners and alleged that when his son Narayan Sharma was returning after taking Rs. 37,000/-, the petitioners intercepted him and all the accused persons assaulted the informant, his son, son-in-law and daughter. Jai Deo Sharma is said to have assaulted with sharp edged weapon on the head.

Patna High Court Cr.Misc. No.42065 of 2015 (3) dt.10-11-2015 2/2 It is submitted that there is a counter version bearing Azamnagar P.S. Case no. 116/2015. The injury reports of the informant, his son, son-in-law and daughter are annexed as Annexure-2 series and the injuries found on the informant, his son, son-in-law and daughter are simple in nature. The injuries are lacerations, abrasions and pain.

Considering the facts aforesaid and the fact that there is specific allegation of assault made by sharp edged weapon on the head of the informant and his family against Jai Deo and not against the petitioners, the petitioners above named 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 enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri D.K. Roy, Judicial Magistrate 1st Class, Katihar in connection with Azamnagar P.S. Case No. 115/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T