Umesh Sharma @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11674 of 2020 Arising Out of PS. Case No.-1585 Year-2006 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== UMESH SHARMA @ UMESH KUMAR Son of Late Pujan Sharma Resident of village- Bhaluni, P.S.- Narayanpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ram Pyari Devi Wife of Umesh Sharma @ Umesh Kumar, Daughter of Ram Asare Sharma Resident of Village- Bhaluni, P.S.- Narayanpur, DistrictBhojpur, at present residing at Mohalla- Moti Tola, P.S.- Arrah Nagar, District- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Singh, Advocate For the State :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Complaint case No.1585(c) of 2006 Tr. No.481 of 2017 registered under Sections 498A, 323, 504 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

Patna High Court CR. MISC. No.11674 of 2020(3) dt.29-10-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has 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. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIV, Bhojpur at Arrah in connection with Complaint case No.1585(c) of 2006 vide Tr. No.481 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such

Patna High Court CR. MISC. No.11674 of 2020(3) dt.29-10-2021 3/3 application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T