Suman Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50591 of 2015 Arising out of PS.Case No. -92 Year- 2011 Thana -PARSAUNI District- SITAMARHI ====================================================== Suman Sharma, S/o Krishnanandan Sharma, resident of village - Barka Gaon, Keshrinagar, P.S. - Karja, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-11-2015 Heard the parties.

The petitioner is in custody in connection with Parsauni P.S. Case No.92 of 2011 registered for the offences punishable under sections 120(B), 323, 504, 498(A), 384 and 386 of the Indian Penal Code.

The allegation against the petitioner is of torturing and causing mental harassment to the informant. Mr. Mahendra Thakur, learned counsel appearing for the petitioner submits that although considering the nature of offence anticipatory bail was granted to the petitioner in Cr. Misc. No.45669 of 2012 subject to payment of Rs.1,500/- per month to the informant but since the petitioner could not surrender within the period stipulated that he filed a modification application bearing Cr. Misc. No.30573 of 2015

Patna High Court Cr.Misc. No.50591 of 2015 (2) dt.10-11-2015 for extension of time but was rejected on 27.8.2015 with a direction to the petitioner to surrender before the court below. He submits that the petitioner surrendered and also deposited the entire amount in terms of the order granting anticipatory bail as stated in paragraph 15 of this application but yet bail has been rejected.

Having heard learned counsel for the parties and considering the circumstances so existing let the petitioner, namely, Suman Sharma be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, (Sadar) Sitamarhi in connection with Parsauni P.S. Case No.92 of 2011.

(Jyoti Saran, J) SKPathak/- U T