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Patna High CourtCR. MISC./13790/2017disposed

Gango Sharma @ Ganga Sharma And ORS v. The State Of Bihar

2017-04-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13790 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -SALKHUA District- SAHARSA ======================================================

1. Gango Sharma @ Ganga Sharma, son of Sbubh Narayan Sharma

2. Rama Sharma @ Rambilash Sharma, son of Shubh Narayan Sharma

3. Laxman Sharma @ Lakshman Sharma, son of Subh Narayan Sharma

4. Runa Devi, wife of Ram Sagar Sharma

5. Debu @ Dewanand Sharma @ Devanand Sharma, son of Rameshwar Sharma

6. Arun Sharma, son of Rameshwar Sharma

7. Arbind Sharma @ Arbind Kumar, son of Rameshwar Sharma

8. Ram Sagar Sharma, son of Kamleshwari Sharma

9. Binod Sharma @ Vinod Sharma, son of Kamleshwari Sharma

10. Jhohan Sharma, son of late Kamal Sharma

11. Ram Chandra Sharma, son of late Tarini Sharma

12. Sudin Sharma, son of Ram Chandra Sharma

13. Suvindra Sharma @ Samindar Sharma, son of late Dilo Sharma

14. Kamleshwari Sharma, son of late Kailu Sharma

15. Teelo Devi @ Tilo Devi, wife of Rameshwar Sharma

16. Dayabati Devi @ Daybanti Devi, wife of late Dilo Sharma, all residents of village Ghourdaur, P.S. Salkhua, O.P. Banma Itahri, district Saharsa .... Petitioners

Versus

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

For the Petitioners : Mr. Madhav Jha, Adv. For the Opposite Party : Mr. Nirmal Kumar Sinha, APP 199 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-04-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 448, 504 and 506 of the Indian Penal Code. During the course of assault, allegation against petitioner Debu @ Dewanand Sharma @ Devanand Sharma, is that he caused injury with iron rod at the head of Raju Kumar.

Patna High Court Cr.Misc. No.13790 of 2017 (2) dt.07-04-2017 Considering the fact that Devanand Sharma, petitioner no. 5, had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail.

The prayer for anticipatory bail on behalf of petitioner no. 5 is refused.

There is general and omni bus allegation against other petitioners of commission of assault and theft and there is case and counter case between the parties, let the other petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Saklkhua P.S. Case No. 220 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, II, Saharsa, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √