Rajesh Kumar Sharma @ Rajesh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.979 of 2018 Arising Out of PS.Case No. -256 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Rajesh Kumar Sharma @ Rajesh Sharma, Son of Chandeshwar Sharma, Resident of Village- Pandeypur, P.O.- Chanchaura, P.S.- Daraunda, District- Siwan (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Priyanka Kumari, Wife of Rajesh Kumar Sharma, Daughter of Krishnadeo Sharma, Resident of Village- Manjhi Kanchanpur, P.S.- Manjhi, District- Saran at Chapra (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner seeks bail in a case instituted under Sections 323, 341, 313, 307,498(A), 504, 506, 34 of the Indian Penal Code and 3⁄4 of D.P. Act.

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

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.11.2017. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.979 of 2018 (2) dt.08-01-2018 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical evidence to support the allegations made in the F.I.R. for constituting an offence under Sections 313 and 307 of the Indian Penal Code. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the Complaint/F.I.R.

Considering the aforesaid facts and circumstances, 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 A.C.J.M.-V, Saran at Chapra, in connection with Manjhi P.S. case No.256 of 2016. (Sudhir Singh, J) Amit/- U T