Patna High CourtCR. MISC./567/2016bail granted

Dinesh Sharma And ORS. v. State Of Bihar And ANR

2016-01-08Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.567 of 2016 Arising Out of PS.Case No. -1101 Year- 2015 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Dinesh Sharma

2. Nandan Sharma Both Sons of Jagdish Sharma,

3. Neelam Devi, Wife of Dinesh Sharma,

4. Naresh Sharma,

5. Jagdish Sharma, Both Sons of Late Ram sagar Sharma,

6. Sunita Devi, W/o Nandan Sharma, All are resident of village - Neerpur Tola Narayanpur, P.S. - Sarauuni (Refinery O.P.), District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sitaram Choudhary, S/o Late Bhullu Chaudhary, Resident of Village - Nirpur Tola Narayanpur, P.S. - Barauni (Refinery), District - Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 379 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that two sons of the

Patna High Court Cr.Misc. No.567 of 2016 (2) dt.08-01-2016 complainant were taken by the accused persons to Gauhati on payment of certain wages, but wages were not paid. On 20.02.2015 at 7.00 A.M. the complainant went to the house of the petitioner to demand wages of Rs. 1,12,000/- then the petitioner assaulted and abused by calling caste name and snatched Rs. 1,000/- from the complainant and outrage the modesty of the family members of the complainant.

It is submitted by the learned counsel for the petitioners that for the occurrence of 20.02.2015 the complaint was filed on 17.03.2015 and prior to that petitioners' side filed Informatory Petition on 17.01.2015 with regard to boundary dispute between the petitioner and complainant. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

It is submitted by the learned counsel for the complainant that finding prima facie case, the cognizance has been taken.

Considering the delayed lodging of the case and the Informatory Petition being filed by the petitioners' side at earlier point of time, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.567 of 2016 (2) dt.08-01-2016 satisfaction of learned Additional Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 1101C of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T