Shobhnath Sharma @ Murari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38563 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Shobhnath Sharma @ Murari Sharma, son of Lalan Sharma, resident of Village-Rasulpur, P.O.-Banjari, P.S.-Rohtas, District-Rohtas at Sasaram. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Abhay Kumar Rai, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 14-01-2015 The petitioner is facing trial for the offences punishable under Sections 341, 323, 498A read with 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act on the basis of a complaint submitted by his wife.

B.P. No.528 of 2014 filed by him in the Court of learned Sessions Judge, Rohtas at Sasaram was rejected on 16.07.2014. Hence, this application under Section 439 of the Code of Criminal Procedure.

Heard Sri Sanjay Kumar @ Manu, learned counsel for the petitioner and Sri Abhay Kumar Rai, learned A.P.P. for the State.

The record does not disclose any serious acts of violence on the part of the petitioner. The complaint was made in general terms. The truth or otherwise of the allegation needs to

Patna High Court Cr.Misc. No.38563 of 2014 (2) dt.14-01-2015 2/2 be decided in the trial.

Hence, this application is allowed. The petitioner is directed to 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 learned Sub-Divisional Judicial Magistrate, Dehri (District-Rohtas) in connection with Rohtas P.S. Case No.44 of 2014.

(L. Narasimha Reddy, CJ) Sunil/- U T