Shivcharan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48443 of 2022 Arising Out of PS. Case No.-43 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== SHIVCHARAN SHARMA SON OF BHOLA SHARMA R/O VILLAGEKHAKHAI, P.S.- KISHANPUR, DISTRICT- SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
This is the second attempt of the petitioner to approach before this Court for bail. Earlier, vide detailed order dated 27.05.2021 passed in Cr. Misc. No. 4678 of 2021, the prayer for bail of the petitioner was rejected. Vide order dated 19.10.2022, a report was called for from the learned Court below regarding the stage of the trial and the time likely to be taken in conclusion of the trial. In compliance thereof, a report dated 05.11.2022 has been sent by
Patna High Court CR. MISC. No.48443 of 2022(3) dt.23-11-2022 2/3 the learned Judge, which is at Flag 'R' to this application. In his report, the learned Judge has, inter alia, stated that the trial may be concluded within three months.
The petitioner seeks bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The victim has been examined as P.W.2 and in her deposition she has denied the aforesaid allegation. Similarly situated co-accused, Asha Devi and another has been granted bail by a co-ordinate Bench of this Court vide order dated 20.05.2021 passed in Cr. Misc. No.35137 of 2020. The petitioner has no criminal antecedent and has been languishing in custody since 17.08.2020.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.48443 of 2022(3) dt.23-11-2022 3/3 Court below where the case is pending/successor Court in connection with Kishanpur P.S. Case No.43/2020. (Anjani Kumar Sharan, J) Trivedi/- U T