Ranjeet Sharma @ Ranjit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52525 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- PUSA District- Samastipur ====================================================== RANJEET SHARMA @ RANJIT SHARMA S/o Late Hare Krishan Sharma @ Late Kishun sharma R/o village- Vishanpur Bathua, P.S.- Pusa, DistrictSamastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pusa P.S. Case No. 46 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 448, 379, 504, 506/34 & 302 of the Indian Penal Code.

Informant in her written complaint addressed to the Superintendent of Police, Samastipur has stated that on 09.05.2019 FIR named accused Ranjeet Sharma, Mukesh Sharma, Anil Sharma and Arun Sharma entered into her house and assaulted her and took away Rs. 30,000/- cash and golden chain. However, said statement is signed in the name of Chandani Kumari dated 11.05.2019 subsequently on 13.05.2019 informant died, as such Section 302 was added. The FIR was

Patna High Court CR. MISC. No.52525 of 2019(3) dt.27-11-2019 2/3 sent to the court on 13.05.2019 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. The informant deceased was examined by the doctor in Sadar Hospital, Samastipur on 10.05.2019 in which age is 30 years and two injuries were found one swelling on maxillary region and other swelling on left ankle. However postmortem was conducted on 12.05.2019 and in which age is recorded as 48 years and cause of death has been attributed to fracture of parietal bone and time of death has been stated to be 12-24 hours which makes the FIR dated 11.05.2019 doubtful. Two cases have been instituted against the petitioner from the family members of informant side as disclosed in para 9 of petition. Petitioner is in custody since 13.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Pusa P.S. Case No. 46 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.52525 of 2019(3) dt.27-11-2019 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T