Amit Sharma @ Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28475 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AMIT SHARMA @ AMIT KUMAR SHARMA S/o Shiv Shankar Sharma R/o village- Siuri Near Middle School, P.S.- Cheriyabariyarpur, DistrictBegusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Kumari W/o Amit Sharma @ Amit Kumar Sharma, D/o Late Jagdish Sharma R/o village- Lohiya Nagar, P.S.- Muffasil (Lohiyanagar), Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 427, 498A, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.28475 of 2021(2) dt.12-07-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. On the earlier occasion also, the complainant and her family members had instituted case for similar offence against the petitioner and his family members. They are in habit of instituting case of similar nature against the petitioner and her family members. 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 aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 332/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.28475 of 2021(2) dt.12-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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.

(Sudhir Singh, J) Pankaj/- U T