Subhash Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34200 of 2014 Arising Out of PS.Case No. -226 Year- 2013 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Subhash Kumar Suman, Son of Shri Shyam Yadav R/o village Gopal Road, Bishahari Ashthan, Sultanganj, P.S. Sultanganj, District Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. Babita Kumari D/o Suresh Yadav @ Suro Yadav, resident of villageManoharpur, P.O. Sahjadpur, P.S. Nath Nagar, Distt. Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Madheshwar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Sultanganj P.S. Case No. 226 of 2013, disclosing offences under Section 498A of the Indian Penal Code.

It is submitted on behalf of the petitioner, referring to the First Information Report, that no offence under Section 498A of the Indian Penal Code is made out, on the basis of allegations contained therein. He submits that the allegation does not disclose relationship of wife and husband between the petitioner and opposite party no. 2.

I find force in the submission made on behalf of the

Patna High Court Cr.Misc. No.34200 of 2014 (7) dt.28-08-2015 2/2 petitioner. Despite notice, there is no representation on behalf of the opposite party no. 2.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 226 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T