Jyoti Sharma @ Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22781 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== JYOTI SHARMA @ RAJ KUMAR SHARMA Son of Late Janardan Sharma Resident of Village- Kulhariya, P.S.- Koilwar, District- Bhojpur (Ara). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ashok Kumar Sharma Son of Late Ram Khelawan Sharma Resident of Mohalla- Luxmi Villa Apartment 205 (C) Mahesh Nagar, P.S.- Patliputra, District- Patna.

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

For the Petitioner/s :

Mr.Rahul Nath For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.442© of 2018 , registered for offences punishable under Section 498(A) of the Indian Penal Code. Allegation against the petitioner, who happens to be husband of the daughter of the complainant is of demand of dowry and torture.

Submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care and on that notice was issued to the O.P.no.2 (complainant) who is father of the wife of the petitioner. They have appeared and the matter has been referred to the Meditation Centre also but the mediator report discloses that the mediation failed . Nobody appears on behalf O.P.no.2. Learned APP is

Patna High Court CR. MISC. No.22781 of 2019(9) dt.17-10-2019 2/2 present.

It further appears from order dated 26.8.2019 that on two dates the daughter of the complainant did not appear before the mediator and the matter was again referred to the Mediation Centre but again the mediation failed. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna in connection with Complaint Case No442 © of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that if the daughter of the O.P.no.2 appears and wants to reside with the petitioner, he has to keep her with dignity and care.

With the above direction, this application is allowed. chn/- (Vinod Kumar Sinha, J) U