Shyamdeo Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20784 of 2016 Arising Out of PS.Case No. -2667 Year- 2011 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Shyamdeo Sharma son of Late Bino Sharma, Resident of Village: Mohabba Kalyanpur, Police Station: Dandari, District: Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Indu Devi wife of Shyamdeo Sharma Daughter of Nand Lal Sharma, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s : Mr. Aditya Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is languishing in custody since 1.4.2016 in a complaint case wherein process has been directed to be issued after cognizance being taken under Sections 498A,323 and 379 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is still ready to keep her with full dignity and honour though statement to that effect has not been made in the petition. It appears from the impugned order that the petitioner was granted provisional bail by a co-ordinate bench of this court

Patna High Court Cr.Misc. No.20784 of 2016 (2) dt.10-05-2016 2/2 but due to default the bail bonds were cancelled on the ground that the petitioner failed to deposit Rs.750/- per month before the learned court below.

It is further submitted that the petitioner has already deposited the arrears of undertaken amount and undertakes that he will continue depositing the undertaken amount. Considering the aforesaid facts, let the above named petitioner 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 learned SDJM, Begusarai in connection with Complaint Case No. 2667 C of 2011.

The learned court below will be at liberty to cancel the bail bond of the petitioner if the petitioner defaults on three consecutive occasions or defaults in making deposit of the undertaken amount.

(Dinesh Kumar Singh, J) Anil/- U T