Santosh Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65679 of 2018 Arising Out of PS. Case No.-1166 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Santosh Kumar Sharma, Son of Krishna Sharma, Resident of Village/Mohalla- Hathsarganj, Pathantoli, P.S.- Hajipur Town, DistrictVaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Preeti Kumari, Wife of Santosh Kumar Sharma, D/o Hem Kumar Sharma, Resident of House of Shiv Nandan Singh, Mohalla- Chanakya Nagar, Ram Nagar, Road No.26, Kumhrar, (in front of Lalita Apartment), P.S.- Agam Kuan, P.O.- Bahadurpur, District- Patna.

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 506, 420, 498A/34 of the Indian Penal Code and Section 4 of the D.P.Act registered in connection with Complaint Case No. 1166 of 2017.

3. It is submitted that the petitioner has been falsely implicated owing to petty marital disputes and there is no injury report to support the accusation of assault by the petitioner who expresses his readiness and willingness

Patna High Court Cr.Misc. No.65679 of 2018(3) dt.03-01-2019 2/3 to keep the complainant with due dignity and honour. The petitioner claims clean antecedents.

4. Learned counsel for the complainant appears and has been heard. It is expressed that she also desirous of leading a harmonious life at her matrimonial home provided she is treated properly.

5. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Patna City, District Patna, in connection with Complaint Case No. 1166 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically

Patna High Court Cr.Misc. No.65679 of 2018(3) dt.03-01-2019 3/3 present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T