Pradip Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50885 of 2013 Arising Out of PS.Case No. -1123 Year- 2008 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Pradip Sharma, son of Bishundeo Sharma @ Bisho Sharma, resident of village - Ballochak, P.S. Dalsinghsarai, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Devi, daughter of Ramjee Sharma, resident of village - Singhiyaghat Tole Shivnathpur, P.S. Bibhutipur, District - Samastipur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s : Mr. S.D. Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 6/ 23-01-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in a case instituted for the offence under Section(s) 323, 498-A Indian Penal Code and Section 4 of the Dowry Prohibition Act. In the nature of dispute, notice had been issued to the Opposite Party No.2, but none appears on her behalf. Considering the merits of the case, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No.1123 of 2008/T.R. No.2064 of 2013, he shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by

Patna High Court Cr.Misc. No.50885 of 2013 (6) dt.23-01-2015 2/2 the court below to the satisfaction of the Sub-Divisional Judicial Magistrate, Rosera, subject to the conditions as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Petitioner volunteers to deposit `750/-(seven hundred fifty) per month in the court below firstly within fifteen days from today and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the parties.

However, if the Complainant/Informant has a Bank Account or subsequently opens a Bank Account, the money shall be deposited in the Account and a receipt to this effect shall be filed by 15th every month in the Court below and in case he fails to do so, his bail shall stand cancelled.

(Anjana Prakash, J) JA/- U T