Raj Kishore Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38158 of 2017 Arising Out of PS.Case No. -1641 Year- 2015 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== Raj Kishore Sharma S/o Ram Prasad Sharma, Resident of Village-Sara Mohanpur, P.S.-Sadar, Dist.-Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kunti Devi Wife of Sri Raj Kishore Sharma Resident of Village-Sara Mohanpur, P.S.-Sadar, and Dauhhter of Ashok Sharma Resident of Village-Narayanpur, P.S. Manigachhi Distt.-Darbhanga. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Girish Chandra Jha, Advocate. For the State : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1641/2015 for the offences instituted under Sections 498(A), 323, 341, 386, 379, 313, 376, 494 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment of demand of dowry. The complainant also alleged that Mohan Sharma (Dewar) has committed wrong work with her forcibly by giving threat and on protest she was beaten.

Patna High Court Cr.Misc. No.38158 of 2017 (2) dt.10-08-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to petty family dispute. The petitioner has further 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 has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1641/2015 (T.R. No. 276/2016) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IIIrd, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T