Rakesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32407 of 2021 Arising Out of PS. Case No.-37 Year-2017 Thana- ISUAPUR District- Saran ====================================================== Rakesh Sharma, S/O Om Prakash Sharma R/O Village- Chainpur, P.S.- Taraiya, District- Saran At Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dulari Devi W/o Rakesh Sharma, D/o Rajendra Sharma R/o villageChainpur, P.S.- Taraiya, District- Saran at Chapra, presently residing at village- Dhama Parsa, P.S.- Isuapur, District- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan- Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (APP84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Isuapur P. S. Case No.37 of 2017, instituted for the offences under Sections 341, 323, 147, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.02.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant has alleged that she was married to the petitioner in the Year 2014 and after she reached at the matrimonial home, demand of dowry in form of buffalo

Patna High Court CR. MISC. No.32407 of 2021(2) dt.26-11-2021 2/2 and motorcycle started and when the informant informed her parents about the same, she was also assaulted when her parents came to settle the issue. Further, she was ultimately ousted from home on 14.08.2016.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of demand of dowry is general and omnibus. Petitioner is in custody for nearly more than nine months. As such, the petitioner be enlarged on bail. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 15.02.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saran at Chapra in connection with Isuapur P. S. Case No.37 of 2017. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T