Raj Kumar Sharma @ Hari Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51661 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================
1. Raj Kumar Sharma @ Hari Sharma, S/o Siyalal Sharma,
2. Yodengdra Sharma, S/o Siyalal Sharma,
3. Lal Babu Sharma S/o Yogendra Sharma, All 1 to 3 are R/o VillageWajidpur Meyari, P.S.- Sarairangjan, Distt.- Samastipur. .... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Sarairanjan P.S. Case No. 151 of 2017 registered under Section 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code. As per the prosecution case, petitioner-Raj Kumar Sharma @ Hari Sharma is said to have assaulted on the head of Rekha Devi by means of farsa while petitioner-Lal Babu Sharma assaulted on the head of Vishnu Sharma by means of iron rod. It is submitted by learned counsel for the petitioners that there is no allegation of any assault against the petitionerYogendra Sharma, while the Rekha Devi who is said to have been assaulted by petitioner-Raj Kumar Sharma @ Hari Sharma by means of farsa has sustained only two simple injuries on her hand caused by hard and blunt substance and Vishnu Sharma has also
Patna High Court Cr.Misc. No.51661 of 2017 (03) dt.22-12-2017 - 2 - sustained simple injury on his head as reported by doctor of Darbhanga Medical College and Hospital.
On the other hand, it is submitted by learned A.P.P. and learned counsel for the informant that the Vishnu Sharma was treated in Paras Hospital, Darbhanga and the doctor has found multiple bruise and swelling over his head and he was subjected to CT scan and multiple hemorrhagic contusion and fracture was found in his head which has been opined as grievous in nature. In the facts and circumstances of the case, petitioner no.1-Raj Kumar Sharma and petitioner no.2-Yogendra Sharma are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Samastipur in connection with Sarairanjan P.S. Case No.151 of 2017.
The prayer for bail of petitioner no.3-Lal Babu Sharma is hereby rejected. However, the learned lower court is directed to conclude the trial expeditiously as possible within a period of six months from the date of commitment of the case. The petitioner no.3-Lal Babu Sharma may renew his prayer for bail if the trial is not concluded within the stipulated period. (Prakash Chandra Jaiswal, J) Trivedi/- U T