Gautam Sharma And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.14501 of 2016 (4) dt.31-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14501 of 2016 Arising Out of PS.Case No. -218 Year- 2015 Thana -GAYGHAT District- MUZAFFARPUR ======================================================
1. Gautam Sharma, son of Raj Kishore Sharma and
2. Jhagru Sharma, son of Ramudgar Sharma both the resident of villageSakarwara Noor, P.S.- Gaighat, District- Muzaffarpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sunil Kumar, Advocate For the Opposite Party : Mr. Binod Kumar No. 3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 31-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in relation to Gaighat P.S. Case No. 218 of 2015 registered under Section 302/34 of the Indian Penal Code.
In the F.I.R., it is alleged that on 09.08.2015 the petitioners along with other assaulted the informant's father upon which, his father got severely injured. He was taken to local hospital at Muzaffarpur, then referred to Patna and ultimately he was brought to Indira Gandhi Institute of Medical Sciences, Patna, where he died on 15.08.2015 and as per the statement given to the police at Patna on 15.08.2015, case was ultimately registered at Muzaffarpur on 17.08.2015.
Patna High Court Cr.Misc. No.14501 of 2016 (4) dt.31-05-2016 Learned counsel for the petitioners submits that if in fact the informant's father was so critically injured by the petitioners and the indecent took place on 09.08.2015, no information was given to the police either at Muzaffarpur or at Patna on 09.08.2015 or thereafter the information to the police is being given for the first time after six days after the informant's father died which is false.
Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Sri A.K. Dixit, J.M. 1st Class, Muzafffarpur, in connection with Gaighat P.S. Case No. 218 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajiv U T