Shatrudhan Sharma @ Satrudhan Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46191 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -GOREAKOTHI District- SIWAN ======================================================

1. Shatrudhan Sharma @ Satrudhan Sharma s/o Sri Devi Charan Sharma

2. Mukesh Sharma s/o Nayan Kumar Sharma, both r/v - Karpalia, P.S. - Goreakothi, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mrs. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2016 Heard both sides.

The petitioners apprehend their arrest in Goreakothi P.S. Case No. 62/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that petitioners and others entered into her house and they tried to kidnap her daughter, when the family members of the informant assembled, petitioners are alleged to have assaulted the informant and his family members. Learned counsel for the petitioners submits that Shatrudhan Sharma petitioner no. 1 is alleged to have assaulted the informant with Farsa on her head. Mukesh Sharma petitioner no. 2 is alleged to have assaulted father-in-law of the informant with lathi. Injuries are simple in nature. During the course of

Patna High Court Cr.Misc. No.46191 of 2016 (3) dt.07-12-2016 2/2 investigation, independent witnesses have stated that some assault was made, but the occurrence took outside the house and not inside the house. Petitioners are the co-sharer and next door neighbor of the informant.

On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that petitioners are not the co-sharer of the informant. Four persons are injured. Basawan Sharma (who was assaulted by Mukesh Sharma) got grievous injury, on account of assault made by hard and blunt object. The informant also got injury on her head.

Considering the facts aforesaid and the fact that the petitioners made indiscriminate assault and four persons were injured including the lady (informant) and her father-in-law who got grievous injury, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T