Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29929 of 2025 Arising Out of PS. Case No.-611 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Guddu Sharma S/o- Arbind Sharma Village- Marufchak, P.s.- Mojahidpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandani Sharma @ Raj Nandani W/o- Guddu Sharma, D/o- Nand Kishore Sharma @ Master Sharma Village- Mohamadabad Mirjanhat Ps- Babbargunj Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Opposite Party No. 2: None For the State :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2025 Heard Mr. Awapnil Kumar Singh, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. Despite of valid service of notice upon Opposite Party No. 2, no one appears on behalf of Opposite Party No. 2.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 611 of 2021, registered for the offences punishable under Sections 323, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act..

4. Petitioner is the husband of the complainant. Allegation against the petitioner is of demand of dowry and torture for the same.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29929 of 2025(3) dt.28-07-2025 2/3 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition. In fact, the petitioner has performed the love marriage with the complainant and learned counsel for the petitioner has drew attention of the impugned order which suggests that the complainant has appeared before the learned Court below and she has categorically stated that she does not want to live with the petitioner.

6. It appears from the record that despite of valid service of notice, no one appears on behalf of Opposite Party No. 2.

7. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

8. In view of the aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Complaint Case No. 611 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.29929 of 2025(3) dt.28-07-2025 3/3 Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T