Suraj Sharma And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.4844 of 2015 (03) dt.24-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4844 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -KUMARGHAND District- MADHEPURA ======================================================
1. Suraj Sharma
2. Munna Sharma
3. Deo Narayan Sharma
4. Krityanand Sharma .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Nirmala Kumari (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
On account of protest made by the informant, Girija Devi over putting hurdle by the accused persons, so named, including the petitioners in order to close the passage, it has been alleged that they assaulted her with lathi, danda and sword over her head. Her son Bishundeo came in rescue, who was assaulted by Pappu with khanti, her son Anil Sharma was also assaulted by lathi, during midst thereof, Munna Sharma took out Rs.5,000/- from Anil Sharma.
Paragraph-28 contains injury report relating to informant, Girija Devi, after perusal of which, it is evident that sharp cut injury over occipital bony part of the head as well as
Patna High Court Cr.Misc. No.4844 of 2015 (03) dt.24-04-2015 injury was also found over right palm and further, the injuries have been found grievous in nature. With regard to injury found over person of Bishundeo Sharma, same happens to be simple in nature.
From the further statement of informant, Para-2 as well as statement of other witnesses, it is apparent that there happens to be omnibus allegation with regard to assault over person of Girija Devi, informant. With regard to Bishundeo, Pappu had been identified to be author of the injury. Furthermore, against petitioner Munna Sharma, there happens to be allegation of snatching of Rs.5,000/- without any recovery. Accordingly, petitioners above named are directed to surrender before the learned lower Court with a prayer for bail which, the learned lower Court will consider in light of aforesaid finding in accordance with law.
With the aforesaid observation, instant petition is disposed of.
(Aditya Kumar Trivedi, J) Vikash/- U T