Jai Prakash Sharma And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30598 of 2018 Arising Out of PS. Case No.-329 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ======================================================
1. Jai Prakash Sharma, S/o Late Sitaram Sharma,
2. Kamalla Sharma @ Kamla Sharma @ Kamla Devi W/o Jai Prakash Sharma, Both R/o Main Road Shiv Shakti Nagar, Chas, P.S.- Chas, District- Bokaro (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anjali Kumari W/o Braj Sharma, D/o Sri Dinesh Singh, R/o Main Road Shiv Shakti Nagar, Chas, Bokaro, P.S.- Chas, District- Bokaro (Jharkhand), At present Vill.- Farha, P.S.- Akbarpur, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Devendra Prasad Singh, Adv.
Smt. Uma Kumari, Adv.
For the State :
Mr. Shyam Bihari Singh, Adv.
For O.P. No.2 :
Mr. Bipin Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2.
The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.30598 of 2018(2) dt.18-05-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners have 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 and learned counsel for the opposite party No.2, it is submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, 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 S.D.J.M., Nawada in connection with Complaint case No.329(c) 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