Daroga Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54898 of 2018 Arising Out of PS. Case No.-316 Year-2017 Thana- BIKRAMGANJ District- Rohtas ======================================================
1. Daroga Sharma, S/o Late Sukhlal Sharma,
2. Kaushalya Kuar, W/o Late Sukhlal Sharma. Both residents of Vill.- Baluahi, P.S.- Bikramganj, District- Rohtas. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Arun Kumar Singh, Advocate.
For the Opposite Party :
Mr. Binod Kumar 3, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 324, 307 and 323/34 of the IPC.
The prosecution story, in brief, is that on 16.10.2017 at around 6.30 P.M. while informant's wife Meena Devi came to her house from Natwar Market then petitioner no. 2 Kaushalya Devi abused her and on protest, co-accused Bikrama Sharma, petitioner no. 1 Daroga Sharma and co-accused Mohan Sharma also abused his wife and petitioner no. 2 Kaushalya Devi instigated to kill her then co-accused Bikrama Sharma gave Sword blow on her neck for which she received bleeding injury
Patna High Court Cr.Misc. No.54898 of 2018(3) dt.30-11-2018 2/3 on her neck and fell down then other accused persons assaulted with Lathi. On alarm, persons gathered then his wife fled away and save her life. Thereafter, accused persons fled away given threatening, he brought his wife to hospital for treatment. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The main allegation is against coaccused, namely, Bikrama Sharma who is alleged to have assaulted the victim with Sword . The injury report corroborates the allegations made in the F.I.R.
As far as petitioners are concerned, general and omnibus allegation has been made against them. No specific injury is attributed nor overt act is alleged against them. Petitioner no. 2 is a lady. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.54898 of 2018(3) dt.30-11-2018 3/3 the like amount each to the satisfaction of the learned A.C.J.M. Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 316 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T