Sanjeev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83841 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Sanjeev Sharma Son Of Late Ram Chandra Sharma R/O Village- Saropatti Tola Lakshminia, Ward No.14, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi W/O Sunil Sharma R/O Village- Saropatti Tola Lakshminia, Ward No.14, P.S.- Singheshwasr, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Vishoka Nand, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2024 Heard Mr. Kumar Vishoka Nand, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Singheshwar P.S.Case No.164/2023 registered for the offences punishable under Sections 341, 323, 307, 327, 384, 379, 427, 354(A), 504, 506 and 447/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the accused persons named therein including the petitioner brutally assaulted the informant and her daughter.

4. Learned counsel appearing on behalf of the petitioner submitted that so far as the petitioner is concerned, he

Patna High Court CR. MISC. No.83841 of 2023(3) dt.21-03-2024 2/3 was not present at the place of occurrence and even assuming that in free fight took place between them, he, in his selfdefence, might have caused some injury to the informant without any intention. Specific allegation has been alleged against one Nikku Sharma and Gulab Devi that they with intention to kill the daughter of the informant had assaulted.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the petitioner in his self-defence might have caused some injury to the informant, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM Ist Class, Madhepura, District Madhepura/concerned court, in connection with Singheshwar P.S.Case No.164/2023 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.83841 of 2023(3) dt.21-03-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U