Shankar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.29348 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29348 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Shankar Sharma Son of Sri Anandi Sharma resident of Village - Waina, Police Station - Ghosi in the district of Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar, Advocate For the Opposite Party : Mr. Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-08-2016 Heard the counsel for the petitioner and learned APP for the State.

The allegation precisely against the petitioner is of obstructing the informant in his due discharge of duties. He is thus facing prosecution under Sections 353, 385 and 386 IPC vide Ghosi P.S.Case No.29 of 2016 pending in the Court of CJM, Jehanabad.

In connection with an enquiry, the informant had gone to the village to interrogate Kali Pandey who had lodged the complainant against the petitioner. It is alleged that the petitioner along with Nikesh Kumar armed with deadly weapons arrived, and abused/assaulted the informant. The further allegation is that they instigated the mob to assault the informant.

Patna High Court Cr.Misc. No.29348 of 2016 (2) dt.30-08-2016 Contention of the petitioner is that earlier Nikesh Kumar had lodged a complaint against the Officer-in-Charge in which certain proceeding was taken against the informant. The petitioner herein was a witness in the said case. Actually the informant himself had misbehaved with the wife of Kali Pandey. The learned APP opposed the prayer and submitted that he had actively participated in the alleged occurrence. Considering the facts and circumstances of the case as well as the materials reflected from the record, I am not inclined to release the petitioner on anticipatory bail. Prayer is rejected. (Kishore Kumar Mandal, J) B.Kr./- U T