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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30959 of 2023 Arising Out of PS. Case No.-927 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== Kunal Sharma @ Kunal Kumar Sharma Son of Bodh Narayan Sharma Resident of village-Vishwakarma Dhauri, P.S.-Belhar, District-Banka, presently residing resident at 20/1, Collin Street, P.O AND P.S-Park Street, H.O. Park Street, District-Kolkata ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari D/o Rajendra Prasad Sharma Resident of village-Berma, P.O.-Singhnan, P.S.-Amarpur, District-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Chandrasekhar Sharma, Advocate For the State :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 307, 379, 325, 326, 511 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Sections 498A, 323, 504 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.30959 of 2023(2) dt.24-06-2023 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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, let 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 furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Complaint case No.927/22, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.30959 of 2023(2) dt.24-06-2023 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T