Sanjeev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36933 of 2016 Arising Out of PS.Case No. -227 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Sanjeev Sharma S/o Uday Narayan Sharma resident of Village-Saidpur Kutubpur P.S. Bidupur District Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Opposite Party/s : Mr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Mahua P.S. Case No. 227 of 2016, disclosing offences under Sections 363/366 of the Indian Penal Code. The petitioner is nephew of the informant. Informant's wife is traceless. It is alleged in the First Information Report that the informant's wife had received a call on her mobile phone made by the petitioner, whereafter she went to Hazipur. The Cell phone of the informant's wife and that of the petitioner were subsequently found to be switched off. Informant's wife has not returned. With the suspicion that the petitioner may be instrumental in disappearance of the informant's wife, the present

First Information Report has been lodged.

Learned counsel for the petitioner has submitted that the petitioner at the relevant point of time was in Nepal. He has been falsely implicated in the case because of personal enmity. Considering the circumstance that the implication of the petitioner is based on suspicion, this application is allowed. Let petitioners above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Vaishali at Hajipur in connection with Mahua P.S. Case No. 227 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U T