Ramdhyan Sharma @ Ramhyan Sharma And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.50009 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50009 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -BARUN District- AURANGABAD ======================================================

1. Ramdhyan Sharma @ Ramhyan Sharma S/o Sheonandan Sharma

2. Uday Narayan Sharma @ Udai Arayan Sharma, S/p Sheonandan Sharma.

3. Leela Devi, W/o Ramdhyan Sharma @ Ramhyan Sharma.

4. Sarita Devi @ Punam @ Punam Devi, W/o Ramdhyan Sharma @ Ramhyan Sharma

5. Sarita Devi, W/o Uday Narayan Sharma @ Udai Arayan Sharma All R/o Village Bagtarpa, P.S. Barun, District- Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Barun P.S. Case No. 144 of 2016 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.

On behalf of the petitioners it is submitted that the informant is the father of petitioners no.1 and 2 and father-in-law of petitioners no. 3 to 5. Due to family dispute the occurrence has taken place and there is case and counter case. Both sides received injuries. In the case diary there is no injury report which is evident from the impugned order itself. No offence under Section 307 IPC

Patna High Court Cr.Misc. No.50009 of 2016 (2) dt.16-12-2016 is made out. The petitioner no. 1 and others have also sustained injuries which is not explained in the first information report. Learned APP submits that petitioner no. 1 has assaulted with Farsa on the head of the informant and further tried to press the neck.

In the facts and circumstances stated above, considering that there is case and counter case, both sides have received injuries and both parties are family members, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Aurangabad in connection with Barun P.S. Case No. 144 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T