Surendra Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7533 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================

1. Surendra Sharma Son of late Indrashan Sharma

2. Pappu Sharma son of late Indrashan Sharma All R/O Village- Kurshiya, P.S.- Bhore, Dist-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard the parties.

This application has been filed in connection with Kateya P.S.Case No.154 of 2016 for the offence under Sections 387, 504 and 506/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the informant is in the habit of filing cases against this petitioner as earlier to this case, three cases have been filed by the informant against the petitioner. In this present case, there is general and omnibus allegation against the petitioner. Another case is also pending between the parties and that has been disposed of on compromise basis. As such the petitioner has been falsely implicated in this case by the informant.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that earlier to

Patna High Court Cr.Misc. No.7533 of 2017 (2) dt.23-02-2017 2/2 this case, three cases were filed by the informant against the petitioner, which are going on between the parties, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Kateya P.S.Case No.154 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U