Suraj Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1779 of 2019 Arising Out of PS. Case No.-917 Year-2012 Thana- COMPLAINT CASE District- Jamui ====================================================== Suraj Kumar Sharma, aged about 31 years, Male, son of Sri Shankar Sharma, Resident of Village - Gopalpur, Jitendra Holt, P.S. Chaanan, district Lakhisarai ... Petitioner

Versus

1.

The State Of Bihar 2.

Kavita Devi, aged about 29 years, Female, daughter of Lalu Mistry, resident of village - Malaypur, P.S. Barhat, district Jamui ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Parties :

Mr. Sanjay Kumar Sharma, APP 236 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 917(c) of 201 for the offences alleged under Sections 498A and 307 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The accusation is of torturing of the complainant at the hand of her husband and in-laws for non-fulfillment of demand of motorcycle, gold chain and cash of Rs.50,000/- and removing her from matrimonial house snatching her personal belongings giving threatening to perform re-marriage of the husband.

Patna High Court CR. MISC. No.1779 of 2019(5) dt.02-09-2019 2/2 The submission of the learned counsel for the petitioner is that in spite of receiving the notice, as issued to opposite party no. 2, Kavita Devi, she did not appear. In fact, opposite party no. 2 has performed second marriage due to that reason she could not appear.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Complaint Case No. 917(c) of 2012 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Jamui, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T