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Patna High CourtCR. MISC./4835/2019bail granted

Amit Kumar Sharma @ Amit Sharma @ Pappu Sharma v. The State Of Bihar

2019-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4835 of 2019 Arising Out of PS. Case No.-14 Year-2016 Thana- NAYAGAON District- Begusarai ====================================================== AMIT KUMAR SHARMA @ AMIT SHARMA @ PAPPU SHARMA, aged about 40 years(Male), S/o Late Krishna Nandan Sharma Resident of VillageBasantpur, P.S.-Paras Bigha, District-Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioner apprehends his arrest in Nayagaon P.S. Case No.14 of 2016 registered under Sections 498A, 498, 494, 493, 496, 366, 376, 347 and 120B of the Indian Penal Code. The informant made allegation of demand of dowry and torture against her husband, Ajay Kumar Sharma. She further alleged that her husband forced her to have sexual relation with his friend, Rajendra Sharma but later on, her husband forced the informant to get married with the petitioner, Amit Kumar Sharma on 09.03.2015. The petitioner also deserted her.

The learned counsel for the petitioner submits that petitioner is nowhere related with the informant and her

Patna High Court Cr.Misc. No.4835 of 2019(2) dt.29-01-2019 2/2 husband. The petitioner never solemnised any marriage with the informant. The informant is legally wedded wife of Ajay Kumar Sharma, therefore, there is no question of her marriage with the petitioner. The allegation of desertion is also false. Considering the aforesaid facts and nature of allegation made against the petitioner and the fact that husband of the informant has already been granted anticipatory bail vide order dated 26.09.2018 passed in Cr. Misc. No.38752 of 2018, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on 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 learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Nayagaon P.S. Case No.14 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T