Dharmendra Sharma @ Dharmendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32957 of 2024 Arising Out of PS. Case No.-74 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== Dharmendra Sharma @ Dharmendra Thakur son of Late Ram Nath Sharma R/o- Arai Ps- Simri Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suniti Devi wife of Dharmendra Thakur @ Dharmendra Sharma, D/oParduman Sharma Moh- Mishriganj Ps- LNMU Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the victim, apprehends his arrest in a complaint case punishable for the offence under Sections 323 , 498(A) and 504 of the Indian Penal Code .

3. As per prosecution case , informant got married with this petitioner three years ago and after the marriage, when she went to her matrimonial house, she was subjected to torture and cruelty by this petitioner and other in-laws family members due to non-fulfillment of demand of dowry and lastly, she was

Patna High Court CR. MISC. No.32957 of 2024(5) dt.28-08-2024 2/2 ousted from her matrimonial house .

4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the victim. However, he is ready to keep the victim with full honour and dignity. Moreover, the case is triable by the learned Magistrate. 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 . Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged 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 SDJM Darbhanga in connection with Mahila P S Case No. 74 of 2018 , subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T