Sunil Sharma @ Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30415 of 2016 Arising Out of PS.Case No. -996 Year- 2009 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Sunil Sharma @ Sunil Kumar, S/o Late Janakdeo Sharma, Late Janak Sharma, R/o village - Kajisarai, P.S.- Kako, Distt. - Jehanabad , .... .... Petitioner/s

Versus

1. The State of Bihar

2. Raj Kumari Devi, W/o Satyendra Pandit, R/o village - Kajisarai, P.S. Kako, Distt. - Jehanabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Complaint Case No.996 of 2009 for allegedly having committed the offence under Section 354B of the Indian Penal Code.

Learned counsel for the petitioner submits that whatever may be nature of allegations, the name of the present petitioner has been included in the present case only because in the year 2008 itself the petitioner, who was a landlord of the complainant, had been made the second party in a proceeding

Patna High Court Cr.Misc. No.30415 of 2016 (2) dt.08-09-2016 2/3 under Section 107 Cr.P.C. on 30.11.2008. In the said proceeding, a report was submitted that the complainant was the tenant and had been unauthorisedly living in the house of the present petitioner and had filed the case only for the said reason as she does not want to be evicted therefrom. Learned counsel for the petitioner further submits that in the present case, the name of the petitioner has been taken only out of vengeance and he has no concern with the same, though the matter had remained pending in the court for the past six years. All of a sudden, cognizance of the offence was taken against the petitioner and, therefore, he is apprehending his arrest.

In view of the nature of allegations and that there is a history of litigations between the petitioners, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad, in connection with Complaint Case No.996 of 2009, subject to

Patna High Court Cr.Misc. No.30415 of 2016 (2) dt.08-09-2016 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T