Rangnath Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47571 of 2015 Arising Out of PS.Case No. -339 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Rangnath Sharma Son of Late Jai Govind Sharma.

2. Mantu Sharma Son of Rangnath Sharma.

3. Neha Kumari, Daughter of Rajesh Sharma.

All are resident of village- Dharehra, Circle- Ara, P.O. Ara Chowk, P.S. Ara town, Distt.- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Supplementary affidavit has been filed on behalf of the petitioners bringing on record the injury report of all the three alleged victims.

The petitioners apprehend arrest in Ara Town P.S. Case No. 339 of 2015 dated 31.07.2015 instituted under Sections 341/323/307/379/337/504/34 of the Indian Penal Code.

The allegation against the petitioners and others is of assault by rod on the person of the informant and others.

Learned counsel for the petitioners submits that the parties are neighbours and the dispute is with regard

Patna High Court Cr.Misc. No.47571 of 2015 (2) dt.30-10-2015 2/2 to cleaning of drain. Learned counsel submits that besides the petitioners having no criminal antecedent, the injury report shows that the same have been inflicted by hard blunt substance and are simple in nature. Learned counsel submits that all other co-accused have been granted bail by the Court below itself even though against some there is similar allegation. It is further submitted that the petitioner no. 1 being 70 years of age is a retired personnel of the Armed Force and is a dental surgeon and all the accused are family members.

Learned A.P.P. submits that the petitioners have also assaulted the informant and others. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Town P.S. Case No. 339 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) P. Kumar U T