Shambhu Ram v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11404 of 2019 Arising Out of PS. Case No.-2567 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHAMBHU RAM Son of Pati Ram Resident of Village - Jaisinghpur Madhav Tola, P.S-Turkaulia, Dist.-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi Wife of Shambhu Ram( s/o Bagar Ram) Resident of Village -Chargahan , ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.C 2567 of 2016 , registered for offences punishable under Sections 498(a) and 379 of the Indian Penal Code corresponding to Trial No.1591 of 2017.

Complaint petition disclosed that the allegation is of demand of Hero Honda Motorcycle and Rs.25,000/- and for that trying to kill her by sprinkling K-oil but due to intervention of the neighbour, life of the complainant was saved and thereafter she was ousted from the house.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.11404 of 2019(7) dt.10-05-2019 2/3 that the allegation is false and concocted and as a matter of fact financial position of the petitioner is not good due to that she is not ready to reside with the petitioner and the petitioner is still ready to keep her. Further submission is that no specific allegation has been attributed against him and nor any injury report has been produced on the record. In this case notice was issued to the O.P.no.2 and she has received registered cover notice but nobody appears on behalf of the O.P.no.2 and on earlier date i.e. on 29.4.2019 no body appeared nor today anybody appears on behalf of the O.P. no.2.

Heard learned A.P.P. also.

Having heard both sides, in such view of the matter, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJMIX, Motihari, East Champaran, Motihari in connection with Trial No.1591 of 2017 arising out of Complaint Case No.C2567/2016, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.11404 of 2019(7) dt.10-05-2019 3/3 With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T