Jitendra Sharma v. The State Of Bihar And ANR.
Patna High Court Cr.Misc. No.25973 of 2011 (8) dt.20-01-2015 1/2
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25973 of 2011 ======================================================
1. Jitendra Sharma S/O Asharfi Sharma Resident Of Village- Dhenuki, P.S.- Marhowrah, District- Saran .... Petitioner
Versus
1. The State Of Bihar
2. Sabita Devi W/O Jitendra Sharma, D/O Basudeo Sharma Resident Of Village- Sisawa, P.S.- Nagra, District- Saran .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Chandra Shekhar Singh, Adv.
For the Opposite Party : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-01-2015 Heard learned counsel for the appellant and the State.
This is a petition for grant of anticipatory bail for offence under Sections 498A and 323 of the Penal Code. There is allegation of demand and subjecting cruelty. However, notice issued to the complainant-wife, but, she has not appeared.
The learned counsel for the petitioner submits that the complainant has performed second marriage and living separately.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1687 of 2006 (Tr. No. 2087 of 2010) to the satisfaction of the Sub Divisional Judicial Magistrate, Chapra, subject to the condition laid down in Section 438(2) of the Criminal Procedure Code subject to the condition that the
Patna High Court Cr.Misc. No.25973 of 2011 (8) dt.20-01-2015 2/2 petitioner shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself and the trial Court is directed to proceed with the trial on day-to-day basis.
(Gopal Prasad, J) SA/- U U T T