Dev Sharma @ Dev Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23376 of 2024 Arising Out of PS. Case No.-262 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Dev Sharma @ Dev Kumar Sharma Son Of Shiv Kumar Sharma Resident Of Village- Garatal, Ps- Phulparas, Dist- Madhubani ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Shobha Kumari Wife Dev Sharma Resident Of Village- Bhalohahi, PsMaruna, Distt- Supoul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Jha For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Phulparas P.S. Case no. 262 of 2022 instituted for the offence under Sections 341, 323, 354, 379, 494, 498A/34 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of matrimonial dispute between the petitioner and informant. Allegedly, petitioner had performed second marriage with another lady.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.23376 of 2024(11) dt.05-03-2025 2/2 committed no offence. Petitioner had never tortured his wife nor demanded any thing from her. Petitioner is ready to keep his wife with full honour and dignity. During course of argument, learned counsel for the petitioner submits that earlier also the informant had filed a case vide Phulparas P.S. Case No. 499 of 2020 registered u/s 498A/34 IPC and Section 3⁄4 of the DP Act.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Phulparas P.S. Case no. 262 of 2022, he will be enlarged 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 ACJM II, Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) sushma/- U