Dipendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72071 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.

Dipendra Sharma Son of Chandeswar Sharma Resident of Village - Mohanpur, P.O.- Chiriawan, P.S.- Atri, Dist.- Gaya. 2.

Jitendra Sharma Son of Chandeswar Sharma Resident of Village - Mohanpur, P.O.- Chiriawan, P.S.- Atri, Dist.- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rama Kant Singh, Adv.

For the Opposite Party :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Atri P.S. Case No. 173 of 2019 for the offence punishable under Sections 448, 341, 323, 379, 354, 504 and 34 of the Indian Penal Code.

The allegation is regarding the petitioners having arrived at the house of the informant whereafter they are stated to have abused the family members of the informant, and had also engaged in scuffle with them.

The learned counsel for the petitioner has submitted that the petitioners are innocent and the present case

Patna High Court CR. MISC. No.72071 of 2019(4) dt.05-03-2020 2/2 arises out of case and counter case. It is further submitted that no such incident as alleged has ever taken place, and the fact is that there is no injury report on record to suggest the complicity of the petitioner in the alleged occurrence.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to direct for release of the petitioners on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M-XIII, Gaya in connection with Atri P.S. Case No. 173 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) K.K.RAO/- U T