Santosh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34213 of 2017 Arising Out of PS. Case No.-1479 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Santosh Sharma Son of Late Dhananjay Sharma Resident of Village - Bhakhra, P.S. - Ghosi, District Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nibha Devi W/o Santosh Sharma, S/o Rameshwar Singh Resident of Village - Bhakhra, P.S. - Ghoshi, Distt - Jehanabad, at present R/o Village - Suitha, P.S. Parsa Bazar, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Verma For the Opposite Party/s :

Mr. IFTEKHAR MAHMOOD For O. P. No. 2 :

Mr. Amar Nath Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1479 (C) of 2015, disclosing offence under Section 498A/323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is ready

Patna High Court Cr.Misc. No.34213 of 2017(2) dt.11-08-2017 2/2 to keep the Opposite Party No. 2 with full love and dignity. There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Santosh Sharma, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate, Patna, in connection with Complaint Case No. 1479 (C) of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √