Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70831 of 2019 Arising Out of PS. Case No.-351 Year-2019 Thana- JAMUI District- Jamui ====================================================== GUDDU SHARMA Son of Hari Mistree R/o Village- Bhajour, P.S.- Jamui, District- Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 448, 341, 323, 324, 379, 307/34 of the Indian Penal Code.

The prosecution case in short, is that the accused persons having Lathi and bottle of TEZAB, entered the house of the informant. It is further alleged that the accused persons started to drag Saro Devi and ornaments were taken away. It is also alleged that the accused persons poured TEZAB as a result of which, informant sustained burn injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.70831 of 2019(2) dt.27-11-2019 2/2 petitioner has falsely been implicated in the present case. No burn injury was found on the part of the informant. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. At best, it is a case for the offence under Section 324 of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 351 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T