Sanjay Kumar Sharma @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58804 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Sanjay Kumar Sharma @ Sanjay Kumar, Son of Ramji Singh, Resident of Village - Babhanpura, P.S.- Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ansul, Advocate Mr. Javed Alam, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 323, 341, 504, 506/34 of the Indian Penal Code.

According to F.I.R., the wife of younger brother of the husband of the informant along with other petitioner came and they wanted to stay in the house. The informant forbade for the reason that the petitioner was in illicit relation with the wife of the younger brother of her husband and for that reason the petitioner allegedly assaulted with iron rod to Vicky aged about 15 years.

Submission is that younger brother has supported

Patna High Court Cr.Misc. No.58804 of 2018(4) dt.03-12-2018 2/2 the aforesaid allegation before the Police mainly for the reason of matrimonial dispute between the two, wherein the petitioner was interfering in favour of the wife and he had gone to allow the wife to be in the matrimonial house. There is no injury report to substantiate the allegation of assault against Vicky. Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Naubatpur Police Station Case No.

236 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.