Ramesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4104 of 2016 Arising Out of PS.Case No. -349 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Ramesh Sharma Son of Late Nunu Sharma resident of village - Ginji, Police Station Hulasganj, District - Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar ... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Sharma For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 323/341/420/467/468/469/471/384/385/307/120B/504/506 read with Section 34 of the Indian Penal Code along with Section 27 of the Arms Act together with Section 3(1)(IV)(V)&(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that the allegation against the petitioner is purely frivolous and he is bonafide purchaser of the land from one Nathun Choudhary who received the same as his share from his ancestors. It is further submitted that with an intention of humiliating the petitioner and

Patna High Court Cr.Misc. No.4104 of 2016 (3) dt.25-02-2016 P2/2 only to make the charge grievous, the present case has been filed under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Admittedly, the occurrence took place on the private land of the petitioner and not at a public place. There are also no independent witnesses to support the occurrence.

Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 349/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T