Mukesh Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45876 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA P.S. District- SAMASTIPUR ====================================================== Mukesh Kumar Sharma, son of Shankar Sharma, r/o village-Bhuindhara, P.S.-Muffasil, District-Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Mahila P.S. Case No.17 of 2017 instituted for the offence under Section(s) 376, 354, 506/34 Indian Penal Code.
It has been submitted that marriage between the petitioner and the informant has already been dissolved by the Principal Judge, Family Court, Samastipur, by order dated 30.11.2011 passed in Divorce Case No.113 of 2011 under Section 13-B of the Hindu Marriage Act and thereafter both are living separately. The informant just to harass the petitioner has filed the instant case in the year 2017. The Superintendent of Police, Samastipur, got the matter enquired on the direction of the Inspector General of Police, Darbhanga Region, and as per the report of the police dated 24.08.2017, which is annexed as
Patna High Court Cr.Misc. No.45876 of 2017 (3) dt.22-09-2017 2/2 Annexure-7 series, informant never lived with the petitioner after dissolution of marriage in the year 2011. Petitioner is living alone in a rented house.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mahila P.S. Case No.17 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.