Divakar Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15493 of 2022 Arising Out of PS. Case No.-226 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== 1.

DIVAKAR KUMAR SHARMA Son of Shree Arun Kumar Sharma Resident of village - Jamuawan, P.S. - Daud Nagar, District - Arwal 2.

Akanksha Sharma (Gudiya) Wife of Divakar Kumar Sharma Resident of village - Jamuawan, P.S. - Daud Nagar, District - Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sherghati P.S. Case no. 226 of 2021 instituted for the offence punishable under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioners along with his other family members have tortured the informant in various ways due to non-fulfillment dowry demand of Rs. 2 lac. It is further alleged that petitioners have administered some wrong medicine to the informant resulting into miscarriage of her pregnency.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.15493 of 2022(2) dt.12-09-2022 2/2 has submitted that petitioners are sister-in-law and brother-inlaw of the informant and have been falsely implicated in this case. They have never demanded any thing from the informant. They have no concern with the daily activity of the informant and her husband. Both are living separately by their mess and business.

Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sherghati P.S. Case no. 226 of 2021, they 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, Sherghati, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U