Rakesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40921 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== RAKESH SHARMA S/O BIDHAN SHARMA R/o village- Kahuwa, P.S.- Sangrampur, District- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 02.04.2021, seeks regular bail in connection with Shambhuganj P.S. Case No.12 of 2021, for the offence punishable under Sections 341, 323, 405, 498(A) and 506/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

The prosecution case, in brief, is that soon after the marriage, the informant was being tortured by her husband and in-laws for dowry demand of Rs. Two Lakh. It is further alleged that due to non-fulfillment of the same, the petitioner and his other family members assaulted the informant and drove out of her matrimonial house snatching her personal belongings.

Patna High Court CR. MISC. No.40921 of 2021(2) dt.20-01-2022 2/2 Learned counsel appearing on behalf of the petitioner, in presence of learned counsel appearing on behalf of O.P. No.2, submits that petitioner is ready to keep his wife (O.P. No.2) with full dignity and O.P. No.2 is also ready to go with the petitioner to her matrimonial house.

Considering the aforementioned facts and circumstances of the case and looking into the period of custody and also the fact petitioner and O.P. No.2 want to lead their conjugal life, the petitioner, above named, is directed to be enlarged on provisional bail, for a period of one year, on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 12 of 2021. After completion of one year, both the parties will appear before the learned Court below. The learned Court below after verifying the conduct of both the parties shall take a decision either to confirm the provisional bail or to cancel the same in the facts of the case and on such conditions he may fit proper.

With the aforesaid observations and directions, this application is disposed of.

(Purnendu Singh, J) manish/- U T