Dharmendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39772 of 2019 Arising Out of PS. Case No.-294 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== DHARMENDRA SHARMA Son of Chulhai Sharma Resident of Village - Bela Shankar, P.S.- L.N.M.U. Darbhanga, Dist.- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi Wife of Dharmendra Sharma , D/o Late Yogendra Sharma Resident of Village - Shubhankarpur, P.S.- town, Dist.- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with L.N.M.U. P.S. Case No. 294 of 2017 registered for the offences punishable under Sections 341, 323, 313 and 498A of the Indian Penal Code.

Allegation against the petitioner is that he had illicit relationship with one Reena Devi and when informant protested she was assaulted by the petitioner and other accused persons and when informant became pregnant the petitioner and coaccused Reena Devi assaulted her, caused injury on her private part and due to which her pregnancy was aborted. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still

Patna High Court CR. MISC. No.39772 of 2019(4) dt.03-09-2019 2/3 ready to keep her.

In this case earlier notice was issued to opposite party No.2 and it appears that opposite party No.2 has appeared by filing Vakalatnama. However, nobody appears on her behalf today and on the last occasion also none had appeared on her behalf.

Heard learned APP and perused the impugned order from which it appears that opposite party No.2 had appeared before the learned Additional Sessions Judge while hearing anticipatory bail application and at that time petitioner had not appeared and as such reconciliation could not be held between the parties.

In view of above facts and circumstances, this application is disposed of and the provisional bail granted to the petitioner by order dated 28.6.2019 is extended by six months and petitioner is directed to appear in the court below on 19.9.2019 and in the meantime learned court below shall issue notice to opposite party No.2 also make effort for reconciliation between the parties as petitioner is ready to keep her and after reconciliation the court below shall watch their conduct and marital relationship by calling them on third week of every month and once the court below is satisfied with their conduct

Patna High Court CR. MISC. No.39772 of 2019(4) dt.03-09-2019 3/3 and marital relationship, the court below shall confirm the provisional bail of the petitioner, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of his bail bonds.

(Vinod Kumar Sinha, J) spal/- U T