Abhisek Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12972 of 2020 Arising Out of PS. Case No.-680 Year-2019 Thana- AMARPUR District- Banka ====================================================== ABHISEK KUMAR SHARMA Son of Rama Nand Sharma Resident of Village and P.O - Laugain, P.S.- Amarpur, District- Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh For the Opposite Party/s :
Mrs.Rina Sinha For the Informant : Mr. G. Chatterjee ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Amarpur P.S. Case No. 680 of 2019, disclosing offence under Sections 341,323,325,379,307,494,498A,504,506/34 of the Indian Penal Code.
The petitioner is the husband of the informant. There is allegation against the petitioner of having assaulted the informant variously and of having established physical relationships with other women. The petitioner and the informant were married in 1999 whereas the FIR has been filed on 30.12.2019.
Learned counsel appearing on behalf of the informant has opposed the prayer for bail and has submitted that since the
Patna High Court CR. MISC. No.12972 of 2020(2) dt.03-03-2020 2/2 petitioner has solemnized second marriage, he does not deserve to be released on regular bail.
On perusal of the FIR, it appears that matrimonial dispute is the reason behind lodging of the FIR. Since the petitioner is in custody from 31.12.2019, considering the nature of accusation, this application is allowed. Let the petitioner above-named be released 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 Chief Judicial Magistrate, Banka in Amarpur P.S. Case No. 680 of 2019.
The petitioner shall be at liberty to approach appropriate forum for settlement by way of amicable resolution. (Chakradhari Sharan Singh, J) arun/- U