Brajesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15748 of 2021 Arising Out of PS. Case No.-1370 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
BRAJESH SHARMA Son of Rajendra Sharma Resident of Village - Chahariyan, PS.- Durgawati, Distt.- Kaimur at Bhabua. 2.
Rajender Sharma Son of Late Basropan Sharma Resident of Village - Chahariyan, PS.- Durgawati, Distt.- Kaimur at Bhabua. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Riti Devi W/o Brajesh Sharma Resident of Village - Chahariyan, PS.- Durgawati, Distt.- Kaimur at Bhabua. Hall Mokan (Present AddressResident of Village - Bare, P.S.- Bhabua, Distt.- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Uday Pratap Singh, Advocate For the State :
Mr. Nityanand Tiwary, APP For the O.P. No.2 :
Mr. Tribhuwan Narain, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2 through virtual mode.
Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.
Allegation against the petitioners is of committing
Patna High Court CR. MISC. No.15748 of 2021(2) dt.23-07-2021 2/3 torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner No.1 is the husband and petitioner No.2 is the fatherin-law of the victim. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Kaimur at Bhabua in connection with Complaint case No.1370 of 2018, subject to the conditions as laid down
Patna High Court CR. MISC. No.15748 of 2021(2) dt.23-07-2021 3/3 under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T