Kalamdeo Sharma @ Sutihar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14811 of 2019 Arising Out of PS. Case No.-1191 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Kalamdeo Sharma @ Sutihar Son of Ramjee Sharma Resident of Village - Thumha, P.S.- Pipra, District - Supaul ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Neha Devi Wife of Kalamdeo Sharma, D/O- Maneshwar Mistri Resident of Village - Thumha, P.S.- Pipra, District - Supaul, At present residing in Village and Post - Nariyar Tola Purvi Parsaha, P.S. and District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case
Patna High Court CR. MISC. No.14811 of 2019(2) dt.11-03-2019 2/2 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, it is submitted that the petitioner is named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Saharsa in connection with Complaint case No.1191C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T