Patna High CourtCR. MISC./36597/2016bail granted

Om Prakash Sharma v. State Of Bihar And ANR

2016-10-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36597 of 2016 Arising Out of PS.Case No. -296 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Om Prakash Sharma S/o Late Ramchhabila Sharma .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sandhya Kuer, W/o Late Mithlesh Sharma .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sri Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being father-in-law of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504/34 of the Indian Penal Code.

Basic accusation is of torture. It is alleged against the petitioner that he assaulted with brick on the head of the informant whereas the wife of the petitioner assaulted with fists and slaps. It is submitted by learned counsel for the petitioner that for the occurrence of 10.06.2016, the FIR was registered on 25.06.2016. The injury report suggests one lacerated injury of marginal size on the right parietal region and complain of pain in the whole body. The injury has been found superficial, simple in nature caused by hard and blunt substance. The informant has not

Patna High Court Cr.Misc. No.36597 of 2016 (2) dt.04-10-2016 2/2 made her husband accused and in the background of share dispute in the family the accusation has been levelled. The petitioner is an old person.

Considering the delayed lodging of the FIR and injury being found superficial simple in nature, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Marhowrah P.S. Case No.296/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T