Dr. Vijay Sharma @ Vijay Kumar Jwala Sharama @ Vijay Jwala Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9367 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== DR. VIJAY SHARMA @ VIJAY KUMAR JWALA SHARAMA @ VIJAY JWALA PRASAD SHARMA S/O JWALA SHARMA @ JWALA KALAR SHARMA R/v- Mallipur, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANDHYA KUMARI @ SANDHYA SHARMA W/O DR. VIJAY SHARMA @ VIJAY KUMAR JWALA SHARMA Presently reisding with her father Sri Lal Babu Sharma of Village- Mishraulia, P.S.- Bibhutipur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Shyam Bihari Singh Mr. Vijay Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard the parties.

2. Learned counsel for the O.P. No.2 filed a detailed counter-affidavit in the present case 25.07.2023. The same is kept on record.

3. Petitioner apprehends his arrest in a case registered for the offences under Section 498A of the IPC and 3⁄4 of the Dowry Prohibition Act.

4. It is stated in the counter-affidavit filed by the learned counsel for the O.P. No.2 that both parties mutually agreed to file a divorce case in the learned Court below. It is stated in

Patna High Court CR. MISC. No.9367 of 2023(4) dt.25-07-2023 2/2 para-7 of the said affidavit that in terms of para-12 of the divorce petition, it is clear that the petitioner will give Rs.9,51,000/- against full and final alimony to the O.P. No.2. Copy of the petition is annexed as Annexure-2.

5. Learned counsel for the petitioner fairly submitted that at the time of filing of bail bond he will give Rs.3,51,000/- to the O.P. No.2 and Rs.3,00,000/- at the time of filing of divorce case and the rest amount will be paid at the time of final decree of the divorce case.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.60 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T