Sachidanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.784 of 2020 Arising Out of PS. Case No.-267 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SACHIDANAND SHARMA Son of Subhash Sharma Resident of Village - Dhanhar, P.S.- Ekangarsarai, District- Nalanda ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Anuradha Sharma Wife of Sachidanand Sharma, D/O - Munni Sharma Resident of Village - Tehta, P.S.- Makhdumpur, District- Jehanabad ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-06-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

None appeared on behalf of the complainant.

The petitioner apprehends his arrest in connection with Tr.No. 17 of 2019 arising out of Complaint Case No. 267 of 2019, registered for the offences punishable under Sections 498(A) of the Indian Penal Code.

Complainant, Anuradha Sharma, is wife of the petitioner. She made allegation in her complaint petition that she was subjected to cruelty by the petitioner and his family members for nonfulfillment of demand of Rs. 2,00,000/- cash as dowry. She was

Patna High Court CR. MISC. No.784 of 2020(6) dt.29-06-2022 2/2 ousted from her matrimonial house.

Learned counsel for the petitioner has submitted that the petitioner is innocent. The real fact is that the complainant herself does not want to reside in her matrimonial house. He has further submitted by filing supplementary affidavit that both the parties have compromised the case and compromise petition is annexed with the supplementary affidavit. The petitioner in compliance of terms of compromise has given a demand draft of Rs. 1,25,000/- to the informant. In process of mediation the complainant never appeared, as such, the process became unsuccessful.

Considering the fact that the parties have already compromised their case, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 2nd Class, Jehanabad in connection with Complaint Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court (Nawneet Kumar Pandey, J) SONALI/- U T