Sarwan Sharma @ Shrawan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3694 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== Sarwan Sharma @ Shrawan Sharma Son of Ram Prasad Sharma @ Ram Prakash Sharma Resident of Village- Videpur, P.S.- Balia Belon, DistrictKatihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Phulmani Devi Wife of Sarwan Sharma @ Shrawan Sharma Resident of Village- Videpur, P.S.- Balia Belon, District- Katihar. Present AddressPhulmani Devi, daughter of Kuwar Sharma, resident of Village- Chandhar, P.S.- Balia Belon, District- Katihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2020 The matter has been taken up in virtual Court proceeding.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341/323/498(A)/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
This is a case under Section 498(A) of the Indian Penal Code. The matter was sent for mediation which could not be convened due to COVID effect.
Patna High Court CR. MISC. No.3694 of 2020(4) dt.07-12-2020 2/3 Considering the chances of settlement of dispute between the parties, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Balia Belon P.S. Case No.114 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioner shall not leave the country without permission of the learned trial court.
The petitioner and opposite party no. 2 shall appear before the learned Court below for amicable settlement of the dispute. If the petitioner would be found cooperative in the proceeding before the learned Court below, the provisional
Patna High Court CR. MISC. No.3694 of 2020(4) dt.07-12-2020 3/3 anticipatory bail of the petitioner shall be confirmed by the learned Court below itself.
Accordingly, this anticipatory bail application stands disposed of.
(Birendra Kumar, J) Mkr./- U T