Shiv Shankar @ Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58092 of 2019 Arising Out of PS. Case No.-95 Year-2017 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Shiv Shankar @ Shankar Sharma, Son of Ajay Singh Resident of VillageKarishowa, P.S.- Wazirganj, District- Gaya. 2.

Ankit Sharma, Son of Late Satish Sharma Resident of Village-Kandaul, P.S.- Hulasganj, District-Jehanabad.

3.

Bhushan Sharma, Son of Late Shakal Singh Resident of Village-Kandaul, P.S.-Hulasganj, District-Jehanabad.

4.

Mayank Sharma, Son of Late Satish Sharma Resident of Village-Kandaul, P.S.-Hulasganj, District-Jehanabad.

5.

Santosh Sharma, Son of Late Satish Sharma Resident of Village-Kandaul, P.S.-Hulasganj, District-Jehanabad.

6.

Sanju Devi, Wife of Late Satish Sharma Resident of Village-Kandaul, P.S.- Hulasganj, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Hulasganj P.S. Case No.95 of 2017, for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioners is that petitioners entered into the house of the informant and when her daughter inquired about the same, she was assaulted by the

Patna High Court CR. MISC. No.58092 of 2019(2) dt.16-09-2019 2/3 petitioners by means of lathi, danda etc.

Learned counsel appearing for the petitioners submits that informant is mother-in-law of petitioner No.1 and other petitioners are co-villagers of the informant. Learned counsel further submits that there is dispute between the son-in-law and mother-in-law on trivial issue and injury caused to the daughter of the informant is simple in nature. Learned counsel further submits that police after investigation submitted a charge-sheet in this case under bailable sections and learned Magistrate has differed with the police report and has taken cognizance under Section 307 of I.P.C.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are relatives and other petitioners are co-villagers and police submitted charge-sheet in bailable sections, as such, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.58092 of 2019(2) dt.16-09-2019 3/3 each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T