Chandradeo Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44121 of 2018 Arising Out of PS.Case No. -400 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Chandradeo Sharma, Son of Late Kundan Sharma,

2. Kewala Devi, Wife of Chandradeo Sharma,

3. Arjun Sharma, Son of Chandradeo Sharma.

4. Raghunarh Sharma, Son of Chandradeo Sharma.

5. Raju Kumar @ Raju Sharma, Son of Chandradeo Sharma, All are resident of Village- Jaganpura, near Durga Mandir, Police Station- Ram Krishna Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Sharma, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Ram Krishna Nagar P.S.Case No. 400 of 2017, registered for offences punishable under Sections 323, 325, 379, 380, 384, 386, 387, 354 and 452/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioners is of theft and demand extortion to the informant and assaulted the informant and his wife with fists, lathi and danda, causing injury. Submission of the learned counsel for the petitioners is that as they are close relatives of the informant and they have been

Patna High Court Cr.Misc. No.44121 of 2018 (2) dt.26-07-2018 2/2 falsely implicated in this case and there is dispute between both the parties and a Title Partition Suit No. 88 of 2017 is going on between them and they have also assaulted the informant and his wife, causing injury.

Submission of the learned counsel for the petitioners is that there is land dispute between the parties and Title Suit is also going on and the petitioners have no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge XIII cumAdditional Chief Judicial Magistrate, Patna in connection with Ram Krishna Nagar P.S.Case No. 400 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/-Sunil U T