Patna High CourtCR. MISC./5024/2024bail granted

Deepak Sharma @ Deepak Kumar Sharma v. The State Of Bihar

2024-10-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5024 of 2024 Arising Out of Case No.-1159 Year-2022 COMPLAINT CASE District- Banka ====================================================== DEEPAK SHARMA @ DEEPAK KUMAR SHARMA SON OF PRAYAG SHARMA RESIDENT OF VILLAGE - KAITHPURA, P.S. - BASANTRAI, DISTRICT - GODDA (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

SHOBHA DEVI WIFE OF DEEPAK SHARMA, D/O. VINOD SHARMA RESIDENT OF VILLAGE - BAIDADIH, P.S. - AMARPUR, DISTRICT - BANKA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the State :

Mr.Parmanand Prasad, APP For the O.P. No.2 : Mr. Akshay Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-10-2024 Heard Mr. Pankaj Kumar, learned counsel for the petitioner, Mr. Parmanand Prasad, learned APP for the State and Mr. Akshay Kumar, learned counsel for the O.P. No.2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1159/ 2022 registered for the offence(s) punishable under Section(s) 498A, 120B, 307, 323, 379, 504, 506 read with section 34 of the Indian Penal Code

3. Learned counsel for the petitioner submits that conjugal relation has been restored in between the petitioner and the O.P. No.2, who happens to be the husband and wife, and they are residing together since 29.08.2024 and now there is no

Patna High Court CR. MISC. No.5024 of 2024(3) dt.26-10-2024 2/2 dispute in between them. It is further submitted that there is no medical evidence with regard to the alleged offence under section 307 of the IPC of which cognizance has been taken against the petitioner by the trial court.

4. Learned counsel for the O.P. No.2 accepted the aforesaid factum of compromise and submits that in the light of re-union in between both the spouses a lenient approach may be taken in respect of prayer for bail of the petitioner.

5. Considering the above submissions, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint No. 1159/ 2022 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T