Bhola Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3895 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== Bhola Sharma 42 years (M), Son of Raj Narayan Sharma @ Raj Kishore Sharma Resident of Village - Noawan, Post - Noawan, Police Station - Shakurabad, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Shakurabad P.S. Case No. 135 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. In the F.I.R., the informant has alleged that petitioner alongwith co-accused Mukesh Kumar entered into her house, assaulted her husband and also misbehaved with her. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. There is no specific allegation against petitioner. It is further submitted that coaccused namely Mukesh Kumar has already been granted anticipatory bail by this Court, vide order dated 28-02-2020 passed in Cr.Misc. No. 2844 of 2020. It is also submitted that three superficial injuries, found on the person of informant's

Patna High Court CR. MISC. No.3895 of 2020(2) dt.29-02-2020 2/2 husband, are simple in nature caused by hard & blunt substance (injury report is at Annexure -2). Petitioner has clean antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 135 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T