Patna High Court
Shekhar Suman vs The State Of Bihar on 16 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48571 of 2024
Arising Out of PS. Case No.-372 Year-2019 Thana- ALAMGANJ District- Patna
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Shekhar Suman Son of Gopal Prasad Resident of Mohalla- Vikash Colony,
Lane No.-3, Sandalpur Road, P.O.- Mahendru, P.S.- Alamganj, District- Patna,
800006
... ... Petitioner/s
Versus
1. The State of Bihar
2. Renu Kumari wife of Shekhar Suman and Daughter of Sarvadanand Singh
Resident of Mohalla- Srinagar, Masaurhi, P.S- Masaurhi, Dist- Patna, Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Sr. Advocate
Mr. Avinash Kumar Singh, Advocate
Mr. Sumit Kumar, Advocate
For the State : Mr. Murli Dhar, APP
For the O.P. No.2 : Mr. Braj Kishore Singh, Advocate
Mr. Ramchandra Singh, Advocate
Mr. Amit Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 16-07-2025
1. Heard learned counsel appearing on behalf of
the parties.
2. Present petition preferred by the petitioner
under Section 482 of Code of Criminal Procedure (in short
Cr.P.C.) for quashing of order dated 26.04.2024 passed by
learned 1st Additional District & Sessions Judge, Patna City,
Patna (arising out of Alamganj P.S. Case No. 372/2019)
whereby the provisional bail of the petitioner has been
Patna High Court CR. MISC. No.48571 of 2024 dt.16-07-2025
2/6
canceled and the Bail Application of the petitioner has been
rejected without considering the case on merit.
3. Prosecution, in brief speaks that on 27.05.2019,
O.P. No. 2, namely Renu Kumari along with her parents while
went to her in-laws house, on arrival her husband namely,
Shekhar Suman and his father Gopal Prasad started abusing
O.P. No. 2 and her family members and thereafter assaulted
them by means of iron rod which caused injury. After primary
treatment in Guru Govind Singh Sadar Hospital the matter
was referred to NMCH, Patna, whereafter Alamganj P.S. Case
No. 372/2019 was lodged against petitioner.
4. It is submitted by Mr. Shekhar Singh learned
senior counsel appearing for the petitioner that the petitioner
was granted Provisional Bail by learned Addl. District and
Sessions Judge 1st, Patna City after remaining in custody for
about one onerous month. It is submitted that the provisional
bail was allowed with one condition that petitioner will keep
his wife with honor and dignity. It is submitted that as
mediation was failed between the parties, due to which
provisional bail granted by the learned Addl. District and
Patna High Court CR. MISC. No.48571 of 2024 dt.16-07-2025
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Sessions Judge 1st, Patna City, was recalled vide order dated
26.04.2024
passed in B.P. No. 270 of 2023.
5. In view of aforesaid, it is submitted by Mr.
Singh, that the court cannot impose such onerous condition
while granting regular bail. It is submitted that the only
petitioner cannot be held responsible for failed mediation.
6. In view of his submission that onerous condition
cannot be imposed, Mr. Singh relied upon legal report of
Hon'ble Supreme Court as available through Sumit Mehta
vs. State (NCT of Delhi) reported in (2013) 15 SCC
570.
7. It would be apposite to reproduce order dated
26.04.2024, which read as:-
ORDER
"Heard Sri Shatendra Mishra, learned counsel
for the petitioner and Sri Faizul Hoda, learned
Addl.P.P. for the state of Bihar.
Petitioner namely Shekhar Suman, is in custody
since 22.02.2023 in connection with Alamganj
P.S. case no. 372/2019 registered for the
offences U/S 341, 323, 498(A), 504/34 I.P.C.
pending in the court of S.D.J.M., Patna city.
The allegation against the petitioner is that he
along with other co- accused persons abused,
brutally assaulted and tortured the informant
for the demand of dowry.
The provisional bail of the accused petitioner is
allowed on 21.03.2023 with condition that the
Patna High Court CR. MISC. No.48571 of 2024 dt.16-07-2025
petitioner is ready to keep his wife with full
honour and dignity. There after the case record
of this case was send to the mediation center
for settle the matter of both the parties. A
report of the mediation center attached with the
case record in which the mediation center is
reported that the mediation of both parties are
not succeeded.
Heard both parties and perused the case record.
From perusal of case record it appears that the
petitioner is not ready to keep his wife with full
honour and dignity. Hence considering the facts
and circumstance of the case that the
provisional bail of the petitioner is here by
canceled and and the bail petition of the
accused petitioner is here by rejected."
8. It would be appropriate to reproduce the
Paragraph Nos. 14 ,15 and 16 of Sumit Mehta Case
(supra), which read as:-
14) Thus, in the case on hand, fixed deposit of Rs.
1,00,00,000/- for a period of six months in the name
of the complainant and to keep the FDR with the
investigating officer as a condition precedent for grant
of anticipatory bail is evidently onerous and
unreasonable. It must be remembered that the Court
has not even come to the conclusion whether the
allegations made are true or not which can only be
ascertained after completion of trial. Certainly, in no
words are we suggesting that the power to impose a
condition of this nature is totally excluded, even in
cases of cheating, electricity pilferage, white-collar
crimes or chit fund scams etc.
15) The words "any condition" used in the provision
should not be regarded as conferring absolute power
on a Court of law to impose any condition that it
chooses to impose. Any condition has to be interpreted
as a reasonable condition acceptable in the facts
permissible in the circumstance and effective in the
pragmatic sense and should not defeat the order of
grant of bail. We are of the view that the present facts
and circumstances of the case do not warrant such
Patna High Court CR. MISC. No.48571 of 2024 dt.16-07-2025
extreme condition to be imposed.
16) In the light of the above discussion, while
retaining the order granting anticipatory bail in favour
of the appellant-accused, namely, Sumit Mehta, we set
aside the direction relating to deposit of FDR in the
name of the complainant. However, the appellant-
accused has to fulfill the following conditions:
i) The appellant shall make himself available for
interrogation by a police officer as and when required;
ii) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or to any
police officer;
iii) The appellant shall furnish his address to the
Investigating Officer who shall verify it and submit it to
the trial Court under his signature. In case of change of
address, it must be communicated to the Investigating
Officer who shall verify it and intimate the same to the
court concerned under his signature; and
iv) The appellant shall not leave India without the
previous permission of the trial Court.
9. Taking note of submission and upon perusal of
record it transpires that the provisional bail of petitioner was
recalled only for the reason that mediation between the
parties was failed, certainly, petitioner only cannot held
responsible for unsuccessful mediation, the onerous condition
like above is not permissible while granting provisional bail in
view of Sumit case (supra), accordingly, the impugned
order of cognizance dated 26.04.2024 passed by learned 1st
Additional District & Sessions Judge, Patna City, Patna, qua
Patna High Court CR. MISC. No.48571 of 2024 dt.16-07-2025
above-named petitioner is hereby quashed/set aside, with all
its consequential proceedings.
9. Accordingly, learned court concerned is directed
to confirm the provisional bail of petitioner with same sureties
and bond without imposing any onerous condition like above.
10. Accordingly, the petition stands allowed.
11. Let a copy of this judgment be sent to the
learned trial court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.07.2025
Transmission Date 17.07.2025
