Chhote Lal Sharma @ Jai Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15725 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- UPHARA District- Aurangabad ====================================================== Chhote Lal Sharma @ Jai Kumar Sharma Son Of Late Satanand Sharma R/OMahesh Parasi, P.S.-Uphara, Distt.-Aurangabad ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Vidya Devi Wife Of Chhote Lal Sharma @ Jai Kumar Sharma R/O-Mahesh Parasi, P.S.-Uphara, Distt.-Aurangabad.

... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Despite valid service of notice, nobody appears on behalf of Opposite party No. 2.

2. Heard learned counsel for the petitioner and the State.

3 . Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 498A, 323 , 504 and 34 and other allied sections of the Indian Penal Code .

4. As per the prosecution case, the allegation against this petitioner is that he along with other co-accused persons used to demand dowry from the informant. When the demand was not fulfilled, all the accused persons including this petitioner assaulted the informant and her son Vishnukant. 5 . Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been

Patna High Court CR. MISC. No.15725 of 2024(5) dt.01-07-2024 2/2 implicated in this case because he happens to be the husband of the victim. However, he is ready to keep the victim with full honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of SDJM Daudnagar Aurangabad in connection with Uphara Police Station Case No. 63 of 2023 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T