Umesh Kumar Sharma @ Umesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57600 of 2022 Arising Out of PS. Case No.-1440 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== UMESH KUMAR SHARMA @ UMESH SHARMA S/O SUDARSHAN SHARMA Resident of village- Nasira, P.S.- Daudpur, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

GURIYA DEVI W/O UMESH SHARMA Resident of village- Takath Barwa, P.S.- Daudpur, District- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.1440 of 2019, registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that by order dated 24.01.2023, notice was issued to opposite party no.2 and the same has been received by mother of

Patna High Court CR. MISC. No.57600 of 2022(5) dt.19-06-2023 2/2 opposite party no.2. It is also submitted that in the learned court below, the matter was referred to the Mediation Centre, but the mediation failed.

Learned counsel for the petitioner has filed a supplementary affidavit stating therein that notice was issued to opposite party no.2 and the same has been received by her mother, but today nobody appears on behalf of opposite party no.2.

In view of the facts aforesaid, the notice issued to opposite party no.2 be treated to be validly served. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released 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 learned ACJM-XI, Saran at Chapra in connection with Complaint Case No.1440 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T