Patna High Court - Orders
Shambhu Sharan Sharma @ Shambhu Saran ... vs The State Of Bihar on 16 May, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14770 of 2008
SHAMBHU SHARAN SHARMA @ SHAMBHU SARAN SHARMA
Versus
THE STATE OF BIHAR
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2 16.05.2008Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is apprehending arrest in Hazipur SC/ST P.S. Case No. 152 of 2007 under sections 341, 323 and 501 I.P.C. and section 3(1)(x) of SC/ST (Prevention of Atrocities Act).
Submission of learned counsel for the petitioner is that his son who is an army personnel was attacked of razor blade by a large number of persons when he was returning home from the market on 17.11.2007. Extensive injuries have been caused on him and since he was on official leave, it was advised after consulting the local doctor to avail treatment at Military Hospital at Danapur. This fact is borne out by Annexure - 3. Based on the record of the hospital and statement of the son of the petitioner Sarai P.S. No. 21/07 dated 27.11.2007 came to be lodged. Brother of informant of the present case was one of the accused in the case which was lodged by the son of the present petitioner. It is his contention that a case of self-defence has been worked out and an F.I.R. was lodged on 5.12.2007 showing the date of occurrence as 27.11.2007 alleging therein that when demand for 15 days of wages was made from son of the petitioner he was assaulted with fists and slaps and was also called names derogatory to his caste.
In this circumstance the present case came to be lodged 2 and the petitioner thereafter is apprehending arrest.
Learned counsel for the petitioner submits that it is a case of not only a false accusations but also misuse of provisions of SC/ST Act because the narration of the event is such that it is a case more made than made out. There is sufficiency of material in support of his submissions and prima facie petitioner does require some indulgence.
In the totality of the facts and circumstances therefore, in the event of arrest/surrender within four weeks from today, let the petitioner namely Shambhu Sharan Sharma @ Shambhu Saran Sharma, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali in connection with SC/ST P.S. Case no. 152/2007 subject to condition under section 438(2) of the Cr.P.C.
Rajeev/- (Ajay Kumar Tripathi, J.)