Vikash Sharma @ Vikash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13297 of 2024 Arising Out of PS. Case No.-63 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Vikash Sharma @ Vikash Kumar Sharma S/O Rajo Mistry Resident Of Village-Bhusbhusiya, P.S.-Sherghati, District-Gaya. 2.

Rajo Mistry S/O Late Bishundhari Mistry Resident Of Village-Bhusbhusiya, P.S.-Sherghati, District-Gaya.

3.

Malti Devi Wife Of Rajo Mistry Resident Of Village-Bhusbhusiya, P.S.- Sherghati, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabita Devi W/o Vikash Sharma, D/o Kailash Mistri R/o MohallaAmbedkar Nagar, Police Line, P.S.-Rampur, District-Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyaveer Jha, Adv For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-05-2025 Perused the office notes.

2.The present matter had been directed to be listed for admission vide order dated 28.04.2025, after giving an opportunity for OP.No.2 to appear by way of last chance.

3. Petitioners apprehend their arrest in connection with Complaint Case No. 63 of 2020 registered for the offences punishable under Sections 498A , 323, 341, 506/34 of the Indian Penal Code and section 3⁄4 of the D.P.Act.

4. The petitioners are husband, father-in-law and motherin-law. The prosecution case is based upon a complaint filed by

Patna High Court CR. MISC. No.13297 of 2024(6) dt.12-05-2025 2/3 O.P.No. 2 wherein there are allegations of demand of dowry and torture.

5. Learned counsel for the petitioner submits that the allegations made in the complaint are not correct and as a matter of fact, the petitioner no. 1 had tried his level best to restore peaceful relationship, but he failed. At this stage, learned counsel for the petitioner has drawn the attention of this court to an order dated 02.05.2024 passed in Cr. Misc. No. 42543 of 2023 whereby, the husband Vikash Sharma, who is petitioner no. 1, in the present case has already been granted the privilege of anticipatory bail in the police case filed by the present complainant, who was the informant of Barachatti Mohanpur P.S.Case No. 182 of 2021, on the basis of Mediator's report dated 02.04.2024, which indicated that the dispute between the parties had been settled. It is also clarified that the police case filed by the present complainant is of subsequent date and a settlement had been arrived at between the parties.

6. Taking into consideration the facts and circumstances and also considering that a mutual settlement has been arrived at between the parties, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today

Patna High Court CR. MISC. No.13297 of 2024(6) dt.12-05-2025 3/3 the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten 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. 63 of 2020, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

(Soni Shrivastava, J) N.K/- U T