Sonu Kumar @ Sunu Kumar Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5253 of 2016 Arising Out of PS.Case No. -130 Year- 2015 Thana -KHAIRA District- SARAN ======================================================
1. Sonu Kumar @ Sunu Kumar Sharma S/o Sri Chandrama Sharma
2. Munnilal Sharma @ Munni Ji, S/o Sri Chandrama Sharma Both resident of Village- Arwan Kothi, P.S.- Khaira (Nagra), District- Chapra, Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Maheshwar Prasad For the Opposite Party/s : Mr. Binod Kr. 3(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/ 323/324/504/379/34 of the Indian Penal Code. Subsequently, Section 354 of the Indian Penal Code was added. Diary in this case was called for earlier which has since been received.
In view of the fact that there is no specific allegation against the petitioner No. 2, Munnilal Sharma, let the petitioner No. 2, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.5253 of 2016 (3) dt.11-05-2016 P2/2 satisfaction of the learned Chief Judicial Magistrate, Chapra, Saran in connection with Khaira (Nagra) P.S. Case No.130/15, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
So far as the petitioner No. 1 is concerned, in view of the serious nature of allegation against him which includes an offence under Section 354 and Section 307 of the Indian Penal Code, I am not inclined to grant anticipatory bail to petitioner No. 1 in connection with aforementioned Police Station case number. It is accordingly rejected.
However, if the petitioner No. 1, Sonu Kumar @ Sonu Kumar Sharma, surrenders within a period of three weeks from today, the case of the petitioner may be considered on its own merit without being prejudiced by this order. (Anjana Mishra, J) Saif/- U T