Ajay Sharam @ Ajay Lalbabu Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23227 of 2018 Arising Out of PS. Case No.-948 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ajay Sharam @ Ajay Lalbabu Sharma S/o Lalbabu Sharma Resident of Mohalla - 33/D, Anushakti Nagar, New Shama Road, P.S. Shama, District - Barodara, (Gujrat). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Ajay Sharma S/o Rajkumar Sharma W/o Ajay Lalbabu Sharma Resident of Mohalla - 33/D, Anushakti Nagar, New Shama Road, P.S. Shama, District - Bar odara, (Gujrat). At present Husulpur Jilani Majhauliya Road, P.S. - Kazimohammadpur, Dist - Muzaffarpur.

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the main application in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.23227 of 2018(2) dt.18-04-2018 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., (East), Muzaffarpur in connection with Complaint Case No. 948/2017 (Tr. No. 2725 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T