Shailendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63833 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Shailendra Sharma Son Of Late Ram Sugandh Sharma Resident Of VillageAnd Po - Bharthua, Ps- Aurai, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Verma For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 324, 307, 354B, 504, 506, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that he due to taking advantage of darkness entered into the house of the informant and started molesting her sister and when she protested the petitioner threatened her of dire consequences. It is further alleged that after hearing noise the mother of the informant came there and also protested due to which the petitioner gave sharp blow to her mother because of this she sustained injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.63833 of 2023(2) dt.10-10-2023 2/2 committed no offence. He has falsely been implicated in this present case merely on the basis previous land dispute. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. From perusal of the impugned order, it appears that the mother of the informant sustained one lacerated wound injury which is simple in nature. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 198 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Manishkumar/- U T