Chandeshwar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25222 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -GHORASAHAN District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Chandeshwar Sharma, Son of Late Shankar Sharma.

2. Shiv Kumari Devi @ Shiv Dulari Devi, W/o Late Shankar Sharma Both are residents of Village-Bijwani, Police Station-Ghorasahan (Jitna), District-East Champaran at Motihari.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shyama Kant Singh, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Ghorasahan (Jitna) P.S. Case No. 35 of 2017 registered for the offences punishable under Sections 341, 323, 307, 354, 379 and 504 read with 34 of the Indian Penal Code.

It is stated that both the parties are close relatives and due to trivial dispute a scuffle took place in which both sides sustained certain injuries for which case and counter case were

Patna High Court Cr.Misc. No.25222 of 2017 (2) dt.01-07-2017 2 / 2 registered and both the cases are under investigation. It is further contended that from the nature of allegation as also the injury report, it would be evident that the ingredients of Section 307 of the Indian Penal Code is not attracted.

Considering the submissions made above as also the materials on record, in the event of arrest or surrender within a period of six weeks from today, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikrahana at Dhaka, East Champaran in connection with Ghorasahan (Jitana) P.S. Case No. 35 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T