Sandeep Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49242 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sandeep Sharma, Son of Chhotelal Sharma,
2. Chhotelal Sharma, Son of Late Nawal Sharma,
3. Suganti Devi @ Sugandha Devi, W/o Chhotelal Sharma,
4. Shashi Sharma, S/o Chhotelal Sharma, All R/o Village- Noneya Tiwari Tola, P.S.- Paharpur, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 138 of 2017, registered under Sections 341, 323, 354(B), 379, 504 and 307/34 of the Indian Penal Code.
The accusation is that, on 06.05.2017, when the daughter-in-law of the informant had gone to attend the call of nature then Sandeep Sharma (petitioner no.1) caught hold and tried to outrage the modesty of his daughter-in-law. On raising alarm, informant and other co-villagers reached there and saw that
scuffle took place in between his daughter-in-law and petitioner no. 1. On seeing the informant and others, petitioner no. 1 fled away. The informant further alleged that petitioner no. 1 snatched gold chain worth of Rs.30,000/- from his daughter-in-law. On 15.05.2017, in presence of villagers, Panchayati was arranged, in which, petitioners started to abuse and caused assault to him. Learned counsel for the petitioners submits that due to land dispute informant of the present case and other family members caused assault to the petitioner on 15.05.2017, regarding which, Paharpur P.S. Case No. 127 of 2017 was instituted on the basis of the written report of petitioner no.2. Thereafter, informant lodged the present case on 17.05.2017 showing the incident on 06.05.2017 with allegation to outrage the modesty of daughter of the informant by petitioner no. 1.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari (East Champaran) in connection with Paharpur P.S. Case No. 138 of 2017, subject to the condition as laid down under
Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T