Sunil Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21805 of 2016 ====================================================== Sunil Ram S/o Sri Malo Ram, Resident of village- Mandaksh, P.S.- Telhara, District- Nalanda .... .... Petitioner
Versus
1. The State of Bihar
2. Anju Devi W/o Sunil Ram, Resident of village- Mandachye, P.S.- Ekangarsarai, District- Nalanda at present resides at Village- Kewdha, P.S. Dhansar, District- Patna.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Basant Singh, Advocate For the OP No. 2 : Mr. Surendra Kumar Mishra, Adv For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned counsel for the complainant assisted by learned APP appearing on behalf of the State.
2. The petitioner is in custody since 04.04.2016 in connection with Complaint Case No. 197(c) of 2012 for the alleged offences under Sections 498(A), 494 of the Indian Penal Code and Section 4 of the D.P. Act.
3. It is submitted that the petitioner's bail bond which had been furnished pursuant to grant of anticipatory bail granted by this Court, has been cancelled in view of Complaint Case No. 152(c) of 2015 having been filed on 11.05.2015, thereby defaulting the condition for grant of anticipatory bail.
4. Learned counsel for the petitioner submits that in fact the petitioner had appeared before the learned Court below and taken the OP No. 2 with him on 16.09.2014 after which the parties were living together. It is submitted that
Patna High Court Cr.Misc. No.21805 of 2016 (3) dt.10-08-2016 it was the OP No. 2 who is not desirous of living with the petitioner and it is for this reason that she has filed a subsequent complaint case raising false accusations against the petitioner.
5. Learned counsel for the opposite party no. 2 appears and has been heard.
6. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Masaurhi in connection with Complaint Case No. 197(c) of 2012 with condition that the petitioner will deposit a sum of Rs. 1,500/- per month regularly before the learned Court below which shall be available for withdrawal by OP No. 2 and upon failure to deposit any three consecutive instalments without sufficient reason, his bail bond shall stand automatically cancelled.
(Vikash Jain, J) Chandran/BT U T