Amrendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18772 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== AMRENDRA KUMAR SHARMA S/o- Bishwanath Sharma R/o- Jurabganj, P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nutan Kumari D/o- Bipin Sharma R/o- Tejatola, P.S.- Sahayak Thana, Katihar, District- Katihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.186 of 2018 , registered for offences punishable under Sections 498(A), 323, 406 of the Indian Penal Code and Section 4 of the D.P.Act.

Prosecution story as per the complaint petition is that the petitioner being husband assailed the complainant with respect to demand of Rs.03 lac and lastly ousted her from the matrimonial house.

Submission of the learned counsel for the petitioner is that the marriage was solemnized in the year, 2002 and she is residing separately since 26.6.2016. All the allegations are false and concocted . He at that time was ready to keep her but she has not come to reside with the petitioner, he has lodged a

Patna High Court CR. MISC. No.18772 of 2019(4) dt.16-08-2019 2/2 Matrimonial Divorce Case bearing No.585 of 2017 and thereafter the present case has been lodged.

In this case earlier the notice was issued to the Opposite Party No.2 and from perusal of the service report it appears that she has received the notice both ordinary and registered in the month of May, 2019 but no body appears on behalf of the O.P.no.2 nor any Vakalatnama has been filed.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Complaint Case No.186 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T