Raju Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2177 of 2015 Arising Out of PS.Case No. -3350 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Raju Sharma, Son of Late Sita Ram Sharma, Resident of Village - Repura P.S- Hathua, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Simpi Kumar, Wife of Raju Sharma Resident of Village - Repura P.SHathua, District - Gopalganj. At present D/o Maya Sharma, resident of Village Keshopur, P.O- Bhagwanpur, P.S. - Thawe, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2015 Heard both sides.

The petitioner, Raju Sharma, is apprehending his arrest in a case under Section 498(A) and other sections of the Indian Penal Code.

The petitioner is the husband of the complainant and the complainant made allegation that her husband and other family members assaulted her and drove her out from the house but, on perusal of the records, it appears that the wife herself filed a petition for divorce with mutual consent bearing no. 774/13, corresponding to 1/2014 wherein she made allegation that the marriage was not consummated and ultimately the husband and the wife decided to part ways with each other. The divorce case

Patna High Court Cr.Misc. No.2177 of 2015 (2) dt.19-01-2015 2/2 was filed much prior to the filing of this complaint case. Considering the facts aforesaid, let the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, be released on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gopalganj in Complaint Case No. 3350 of 2013 giving rise to Tr. No. 5173 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T